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PC Resolution-19-01-08-03PC RESOLUTION NO. 19-01-08-03 ARCHITECTURAL CONTROL (AC) 18-018, CONDITIONAL USE PERMIT (CUP) 18- 006, SIGN PROGRAM (SP) 18-044, AND TREE REMOVAL PERMIT (TRP) 18-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, RECOMMENDING THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRATNO APPROVE OF DISCRETIONARY USE PERMIT 17-002 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST FOR AN ARCHITECTURAL CONTROL, CONDITIONAL USE PERMIT, SIGN PROGRAM, AND TREE REMOVAL PERMIT RELATED TO THE DEMOLITION OF AN EXSITING 4,224 SQ. FT. BUILDING WITH A DRIVE-THROUGH LANE AND THE CONSTUCTION OF A NEW 2,905 SQ. FT. WALK-UP AND DRIVE-THROUGH RESTAURANT BUILDING WITH A 433 SQ. FT. OUTDOOR DINING AREA AND RELATED ON-SITE IMPROVEMENTS FOR PROPERTY LOCATED AT 31872 DEL OBISPO STREET (ASSESSOR PARCEL NUMBER 668-241-20) (APPLICANT: 4G DEVELOPMENT ON BEHALF OF CHICK-FIL-A) Whereas, 4G Development, PO Box 270571, San Diego, has requested approval of AC 18-018, CUP 18-006, DUP17-002, SP 18-044, and TRP 17-038, to allow the demolition of an existing 4,224 sq. ft. building, currently utilized by Citibank with an ATM drive-through lane, and construction of a 2,905 sq. ft. walk-up eating establishment with drive-through service including a 433 sq. ft. outdoor dining area. The project also includes on-site improvements to the existing landscaping and parking lot area, a sign program and a discretionary use permit for the modified drive-through lane at 31872 Del Obispo Street (Assessor Parcel Number 668-241-20). The subject property, located on the east side of Del Obispo Street and south of Ortega Highway, has a General Plan Land Use Designation of General Commercial and a Zoning Designation of General Commercial; and, Whereas, the Theodore H. Stroscher Trust is the owner of real property located at 31872 Del Obispo Street (APN 668-241-20); and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, The City's Environmental Administrator has determined that the entire project is categorically exempt from further review under either of the following exemptions: • Section 15302, Replacement or Reconstruction (Class 2). The entire project is exempt under Section 15302 (b) because the proposed building is substantially the same size, purpose and capacity of the to-be demolished building, as both are commercial buildings with a drive-through lane. The project includes the demolition of an existing 4,224 sq. ft. building with a drive-through lane to be replaced by a 2,905 sq. ft. walk-up restaurant building with a 433 sq. ft. outdoor dining area and drive-through service. PC Resolution 19-01-08-03 2 January 8, 2019 • Section 15332, In-Fill Development Projects (Class 32). The entire project is exempt per Section 15332 because the project meets the required conditions for Class 32. The project is consistent with the General Plan and Title 9 of the Municipal Code, Land Use. The project site is less than five acres (.63 acres); is substantially surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; and is adequately served by all required utilities and public services. Lastly, the approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality as substantiated by the submitted Traffic Impact Analysis (TIA), accepted by the City Traffic Engineer, and the Water Quality Management Plan that was approved by our Public Works Department. A Notice of Exemption (NOE) will be posted should the project receive final approval; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 1507 4 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on January 8, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments; and, Whereas, the Planning Commission recommends that the City Council approve of Discretionary Use Permit (DUP) 17-002 with a condition of approval to address traffic access/circulation. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the entire project is Categorically Exempt from further review under the California Environmental Quality Act per either State CEQA Guidelines Section 15302; Class 2 "Replacement or Reconstruction" or Section 15332, Class 32, In-Fill Development Projects). The entire project is exempt under Section 15302 (b) because the proposed building is substantially the same size, purpose and capacity of the to-be demolished building, as both are commercial buildings with a drive-through lane. The project includes the demolition of an existing 4,224 sq. ft. building with a drive-through lane to be replaced by a 2,905 sq. ft. walk-up restaurant building with a 433 sq. ft. outdoor dining area and drive-through service. The entire project is exempt per Section 15332 because the project is meets the required conditions for Class 32. The project is consistent with the General Plan and Title 9 of the Municipal Code, Land Use. The project site is less than five acres (.63 acres); is substantially surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; and is adequately served by all required utilities and public services. Lastly, the approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality as substantiated by the submitted Traffic Impact Analysis (TIA), accepted by the City Traffic Engineer, and the Water Quality Management Plan that was PC Resolution 19-01-08-03 3 January 8, 2019 approved by our Public Works Department. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by, Subsection (c) of Section 9-2.313, Architectural Control of Title 9, Land Use Code of the City of San Juan Capistrano: 1 . The proposed use and design of the project complies with all applicable provisions of Title 9 of the San Juan Municipal Code as the project meets all applicable development and zoning standards. There is no applicable specific plan or comprehensive development plan for this property. 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element. The project will be consistent with the following: • Policy 1.2 Encourage high-quality and human scale design in development to maintain the character of the City. The project is consistent with this policy because the proposed building, outdoor patio area, and drought tolerant landscaping will feature high quality materials and architectural detailing, and will be designed at a human scale; • Policy 2. 1 Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping. The project is consistent with this policy because the project's color palette and materials, such as the mission tile roof, columns, archways, and stucco walls, will complement the traditional and historic character of the City. Additionally, the site design considerations provide a desirable environment for the public as there will be adequate parking and the project is designed to be compatible with the surrounding properties. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved, because the project will redesign the existing parking area in order to improve the circulation pattern for the site by: • Modifying the existing internal circulation to allow for safe and efficient vehicular and pedestrian movement and to maximize stacking within the drive-through lane; • Modifying the drive through aisle and distancing the queueing of vehicles from parked cars and pedestrians to provide safer vehicular turn movements and stacking; • Providing walkway widths for the order/pick-up windows to provide defined and functional pedestrian circulation; and • Including an outdoor dining patio to provide for a more open and pedestrian- friendly dining experience. PC Resolution 19-01-08-03 4 January 8, 2019 Furthermore, staff has drafted a condition of approval that prohibits deliveries occurring between 8:00am and 9:00 pm. The applicant has provided a Deliveries Narrative, with related exhibits, that detail the types/size of delivery trucks to be utilized, the frequency of deliveries, and the delivery duration. Lastly, the project complies with all required setbacks and parking/access requirements. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because the project will be consistent with the following Architectural Design Guidelines design principles and polices applicable to the proposed project: • Design Issue/ Principal 1: Human Scale. The proposed project has a well- balanced pedestrian orientation and human scale. The pedestrian circulation experience is enhanced with the modified lighting, landscape, signage and outdoor dining area located within the front of the proposed building. • Design Issue/ Principle 2: Eclectic Building Stvles. The proposed building consists of a Spanish Colonial Revival style, which incorporates architectural elements that will allow the development to architecturally exist amongst the adjacent buildings that are located within the area. The proposed architectural design is appropriate for the use and setting because it is consistent with the Spanish Revival architecture that is found within and around the Historic Town Center and will further enrichen the collection of eclectic architectural styles located in and around the Historic Town Center. • Design Issue/ Principle 3: Authenticity. The proposed architectural design is well executed and is consistently carried out from the overall building form to fine detail. • Design Issue/ Principal 5: Heritage and Tradition. The proposed building reflects the history and tradition of San Juan Capistrano. The building has a design that is reminiscent of the City's architectural history. • Policy 4, C. 5. Vehicular Access/Circulation/Parking. The proposed redesign of the site will result will be a new circulation pattern which provides for safe vehicular turn movements and stacking, walkway widths for the order windows that provide defined and functional pedestrian and vehicular circulation. • Policy 4. C. 10 Utility and Mechanical Equipment. Careful consideration was given regarding the placement of rooftop mechanical equipment to ensure that they would be completely screened from view. • Policy 4. C. 11 Refuse and Storage Areas. The trash enclosure will be attached to the southeast corner of the proposed building, provided with a flat roof and two double gate doors that provide access to the area and will have a compatible design with that of the primary building. The location will allow for easy accessibility for trash collection and will not impede general site circulation patterns during loading operations. PC Resolution 19-01-08-03 5 January 8, 20 19 • Policy 4. C. 14 Lighting. The proposed lighting within the parking lot will avoid direct glare onto adjoining properties, streets, and skyward. Furthermore, the design of the light fixtures and their structural support are architecturally compatible with the theme of the development. • Policy 4.0.1 Architectural Imagery. The Spanish Colonial Revival architectural style was designed with consideration to the City's Early California Heritage and conveys a sense of authenticity. Additionally, variations of form have been incorporated in the building design in order to create visual interest. • Policy 4.0.2 Building Facade and Roof Articulation. The street-facing west elevation consists of vertical and horizontal offsets which minimizes building bulk. The inclusion of the tower on the west elevation is incorporated with careful consideration given to scale and relationship to the main building. • Policy 4.0.4 Building Materials and Colors. Chick-fil-A, as a national franchise tenant, utilized building materials and colors, such as smooth white stucco and mission tile roofing, that complement the overall design theme and surrounding development. • Policy 4.E. 1 Landscape Guidelines. The project landscaping will incorporate California Friendly and California Native plant species, with a majority of the proposed plants considered 'Low' water use plants. The landscape design will contribute towards achieving an overall cohesive appearance and compatibility to its surroundings. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the project includes the slight modification of the existing internal circulation to allow for safe and efficient vehicular and pedestrian movement and to maximize stacking within the drive-through lane. The width of existing east-west two-way aisle provided along the southerly portion of the property that leads to and from the existing driveway will remain. A north-south drive aisle, and the adjacent parking stalls, that are located on the west side of the existing building will be removed and replaced with the outdoor seating area and two parking stalls. The drive-through ATM lane that is currently provided along the northern portion of the existing bank building, will generally remain in the same location, however, the drive-through lane for Chick-fil-A will be extended to allow for vehicle stacking for up to 17 vehicles (332 linear feet). 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed commercial building will incorporate design features and landscaping that are complementary to the historic Spanish architecture of the area, and is compatible with the surrounding uses and improvements. PC Resolution 19-01-08-03 6 January 8, 2019 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by, Subsection (d) of Section 9-2.317, Conditional Use Permit of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use is consistent with the maps and policies of the General Plan, because the General Commercial land use designation provides for a variety of commercial land uses that can co-exist compatibly with surrounding land uses, including service-oriented activities serving a community-wide area and population, such as a drive-through restaurant. The proposed use is located within a commercial area consisting of compatible land uses such as retail and eating establishments. Therefore, the proposed use is determined to be consistent with the General Plan. 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code because a restaurant with a drive-through lane is allowed subject to the approval of a Conditional Use Permit and Discretionary Use Permit in the General Commercial zoning district. Additionally, the proposed use is to be located within an existing commercial site previously developed with a commercial building with a drive-through lane that is consistent with the intended land uses within the General Commercial zoning district. There is no applicable specific plan or comprehensive development plan for this property. 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the project will redesign the existing parking area in order to improve the circulation pattern for the site by: • Modifying the existing internal circulation to allow for safe and efficient vehicular and pedestrian movement and to maximize stacking within the drive-through lane • Modifying the drive through aisle and distancing the queuing of vehicles from parked cars and pedestrians to provide safer vehicular turn movements and stacking; • Providing walkway widths for the order/pick-up windows to provide defined and functional pedestrian circulation; • Including an outdoor dining patio to provide for a more open and pedestrian- friendly dining experience Furthermore, staff has drafted a condition of approval that prohibits deliveries between 8:00am and 9:00 pm. The applicant has provided a Deliveries Narrative, with related exhibits, that detail the types/size of delivery trucks to be utilized, the frequency of deliveries, and the delivery duration. Lastly, the project complies with all required setbacks and parking/access requirements and will not result in creating non-conformities or conflict with Code requirements with respect to PC Resolution 19-01-08-03 7 January 8, 2019 setbacks, parking, fire and building considerations. 4. The proposed use and the ongoing operation of the use are compatible with abutting properties and the permitted uses thereof and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because, as conditioned, the use will be similar in nature to other businesses operating in the vicinity, will keep similar hours of operation, has steady volume of customers with two anticipated peak hours. As concluded by the submitted Traffic Impact Analysis, the project will not result in a significant increase of inbound and outbound traffic, project access is adequate, parking will be adequate, and the queuing capacity of the drive-through lane will be adequate. Potential impacts have been addressed by the following three improvements to be implemented by the applicant: a. Restriping the existing common driveway to provide a separate outbound left-tum lane and right-turn lane; b. Restriping the Del Obispo Street center median to extend the existing two- way left turn lane further south across the existing common driveway; c. Providing "Keep Clear" pavement markings for northbound traffic on Del Obispo Street at the existing common driveway. Therefore, no significant or excessive disturbances, nuisances, or hazards are anticipated on adjacent businesses. 5. The site for the proposed use has adequate access and parking to support the use. The proposed use results in an on-site parking requirement of 6 parking stalls with 11 provided, thereby the subject site exceeds the City's on-site parking requirement. The existing internal circulation will be slightly modified to allow for safe and efficient vehicular and pedestrian movement and to maximize stacking within the drive-through lane. The width of existing east-west two-way aisle provided along the southerly portion of the property that leads to and from the existing driveway will remain. A north-south drive aisle, and the adjacent parking stalls, that are located on the west side of the existing building will be removed and replaced with the outdoor seating area and two parking stalls. The drive-through ATM lane that is currently provided along the northern portion of the existing bank building, will generally remain in the same location, however, the drive-through lane for Chick-fil-A will be extended to allow for vehicle stacking for up to 17 vehicles (332 linear feet). The redesigned site, as concluded by the submitted Traffic Impact Analysis, will have adequate access and parking to support the use. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by, Paragraph (3) of Subsection (c) of Section 9-2.343, Sign Permits and Sign Programs of Title 9, Land Use Code of the City of San Juan Capistrano: PC Resolution 19-01-08-03 8 January 8. 2019 1. The sign program is consistent with the General Plan and Design Guidelines, and is complementary to the architecture and design of the development project because the sign program is consistent with the following General Plan Community Design Element policy and Design Guidelines: • General Plan Communitv Design Element Policv 1.2 Encourage high- qualitv and human scale design in development to maintain the character of the City. The signs are to be constructed from durable industry standard materials, and the size of the signs complies with the Municipal Code, which limits the size (height and width) to ensure a human scale. • Policy 8, C.1. Colors. The proposed signage avoids the use of multiple colors. • Policy 8. C.3 Sign Copy/Lettering Style/Spacing. The signage utilizes a consistent lettering style and avoids the use of overly intricate typefaces and crowded text. • Policy 8. C.4 Sign Illumination. The wall signs and monument sign will consist of individual letter signage that is internally illuminated. • Policy 8. C. 5 Placement. The signs are placed in a manner that complements the architectural features. _ • Policy 8. C Wall and Building Signs. The wall signs do not project by more than 12 inches from the walls upon which they are attached. Additionally, the lettering does not occupy more than 75% of the background area. 2. The sign program conforms to all applicable requirements of this Code and any applicable specific plan or comprehensive development plan because the proposed signs do not exceed the total signage allowed by the Municipal Code and because the sign design is architecturally compatible with the proposed building. Moreover, the Code allows the applicant to apply for a sign program to create a compatible design theme for all signs for the site. Through the sign program, the applicant has created a visually pleasing method of providing compatible and complementary signs throughout the site to minimize visual clutter and to unify the appearance of the site to create a distinctive sense of place. 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way because the signs will not impact the right of way and will not create light or glare impacts to the adjacent properties. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by, Subsection (e) of Section 9-2.349, Tree Removal Permit of Title 9, Land Use Code of the City of San Juan Capistrano: 3. Removal of the trees will not have an adverse impact on adjacent properties or the general welfare in that the removal will not adversely impact views, public streetscapes, or other aesthetic considerations as the applicant is proposing to install eleven new trees to replace the seven being removed. The removal of seven PC Resolution 19-01-08-03 9 January 8. 2019 trees will temporarily impact views, the public streetscape and aesthetics; those impacts, however, will be mitigated by the installation of the replacement trees, conditioned to be a minimum of 24" box size. It should be noted that none of the trees proposed for removal meet the Municipal Code definition of a Heritage Tree. 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area. As aforementioned, replacement trees will be installed, minimum of 24" box size, consisting of Yarwood Planetrees and Western Redbuds, which are consistent with the existing trees on-site, creating cohesion and consistency with the existing trees and planting area. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:30 pm, Wednesday, January 23, 2019. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on January 24, 2021 unless a time extension request or building permit application related to this discretionary approval is submitted to the City prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 81h day of January, 2019. Project#: Project Name: APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: EXHIBIT A RESOLUTION #: 19-01-08-03 CONDITIONS OF APPROVAL AC18-018, CUP18-006, SP 18-044, & TRP 18-043 Chick-fil-A January 8, 2019 January 24, 2019 January 24, 2021 These conditions of approval apply to Architectural Control (AC) 18-018, Conditional Use Permit (CUP) 18-006, Sign Program (SP) 18-044, and Tree Removal Permit (TRP) 18-043, a request for review of development plans that involves the demolition of an existing 4,224 sq. ft. building with a drive-through lane and construction of a new 2,905 sq. ft. walk-up and drive-through restaurant building with a 433 sq. ft. outdoor dining area. The project also includes on-site improvements to the existing landscaping and parking lot area, a sign program, and a discretionary use permit for the modified drive- through lane at 31872 Del Obispo Street (Assessor Parcel Number 668-241-20). Any proposed changes to this approval shall be submitted to the City Development Services Department, along with the required application and deposit or fee, for review. For the purpose of these conditions, the term "applicant" shall also mean the owner or any successor(s) in interest to the terms of this approval. Planning 1. Architectural Control (AC) 18-0148, Conditional Use Permit (CUP) 18-006, Sign Program (SP) 18-044, and Tree Removal Permit (TRP) 17-038, is granted to allow for the demolition of an existing 4,224 sq. ft. building with a drive-through lane and construction of a new 2,905 sq. ft. walk-up and drive-through restaurant building with a 433 sq. ft. outdoor dining area. The project also includes on-site improvements to the existing landscaping and parking lot area, a sign program, and a discretionary use permit for the modified drive-through lane at 31872 Del Obispo Street (Assessor Parcel Number 668-241-20). Approval is granted based on the development plans submitted by 4G Development on December 20, 2018 and the sign program submitted by 4G Development on December 11, 2018. These plans, materials and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved plans, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Development Services Director upon submittal of an application and the required deposit or fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (151h) day after the Planning Commission Resolution 19-01-08-03 AC 18-018, CUP 18-006, SP 18-044, & TRP 18-043 Chick-fi/-A Conditions of Approval January 8, 2019 Page 2 of 5 date of Planning Commission approval and shall expire twenty-four (24) months after the approval unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Development Services Department, along with the required deposit or fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Development Services Director. 2. Approval of AC18-018, CUP 18-006, SP 18-044, and TRP 18-043 is contingent upon approval of Discretionary Use Permit (DUP) 17-002. 3. Chick-fil-A shall utilize multiple order takers to manually take orders, accept payment, and assist with traffic movement in the parking lot during the hours of 11 :30 am to 1 :30 pm and 4:00 pm to 6:00 pm and when twelve vehicles are stacked in the drive-through lane to mitigate potential circulation issues within the parking lot area. Order takers shall also prompt patrons to close any gaps in the queue to maximize utilization of the entire drive-through area. 4. Truck deliveries shall not occur between the hours of 8:00 am and 9:00 pm. 5. The sign program shall include a "Do Not Block Drive Aisle" sign within the monument sign planter area to prevent vehicles exiting the drive-through lane from impeding north-south access to and from the adjacent northerly and southerly properties. Signage shall be installed prior to the issuance of a Certificate of Occupancy. 6. Prior to the issuance of a Certificate of Occupancy, the applicant shall restripe the common driveway to provide a separate outbound left-turn and right-turn lane. Additionally, the applicant shall replace the existing driveway pavers with like-for-like materials. Prior to commencement of the work, the applicant shall provide written notice to the northerly property owner that explains the applicant's position that access to the parcel is authorized by the utilities and common driveway easement, that details the restriping work, that details the timeline for the work (date, time, and estimated duration), that provides a work plan for the restriping that will be performed, and that indicates that the northerly property owner may object to the improvements or contact the applicant to work out changes to the work plan or timeline. 7. Prior to the issuance of a Certificate of Occupancy, the applicant shall restripe Del Obispo Street to extend the existing two-way left turn lane further south across the existing common driveway allowing for Planning Commission Resolution 19-01-08-03 AC 18-018, CUP 18-006, SP 18-044, & TAP 18-043 Chick-fit-A Conditions of Approval January 8, 2019 Page 3 of 5 southbound traffic to legally make a left into the existing driveway entrance. 8. Prior to the issuance of a Certificate of Occupancy, the applicant shall install "Keep Clear" pavement marking for the northbound traffic on Del Obispo Street at the existing driveway entrance. 9. Prior to the issuance of a Certificate of Occupancy, all eleven proposed trees shall be installed and shall be a minimum of 24" box size. 10. The installation of exterior newsstands, pay phones, or vending machines shall be prohibited. 11 . The applicant shall prevent loitering around the project site, and in all parking areas serving the use during hours of operation. 12. The subject site shall be monitored daily and cleared of any trash, junk, litter, and debris. 13. All roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of the building shall be screened. Said screening shall be architecturally compatible with the building and will require approval of an Architectural Control application. 14. A qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County) shall be retained by the project applicant and shall be present at pre-construction meetings to advise construction contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor (defined as an individual with a bachelor's degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on and off-site construction activities that result in grading, and/or excavating on or below the original ground surface (including during project-related off-site utility [natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). Should nonhuman cultural resources be discovered, the monitor shall have the power to temporarily halt or divert construction activities until the qualified archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of Section 7050.5 of the Health and Safety Code and Section 5097.98 of the Public Resources Code have been implemented. Planning Commission Resolution 19-01-08-03 AC 18-018, CUP 18-006, SP 18-044, & TRP 18-043 Chick-fit-A Conditions of Approval January 8, 2019 Page 4 of 5 15. During construction/grading activities, a Native American monitor shall observe construction/grading activities that result in grading, excavating, and/or trenching on or below the original ground surface (including during project-related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). The Native American monitor shall consult with the archaeological monitor regarding objects and remains encountered during grading that may be considered sacred or important. In the event that evidence of human remains is discovered, the Native American monitor shall verify that the archaeologist has notified the Coroner. 16. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 17. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly noti~y the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 18. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 19. That the conditions of approval contained herein, shall be made part of the construction drawings for the proposed development. Construction drawings shall not be accepted for Plan Check without the conditions of approval incorporated into the construction drawings. 20 . In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. Planning Commission Resolution 19-01-08-03 AC 18-018, CUP 18-006, SP 18-044, & TRP 18-043 Chick-fil-A Conditions of Approval January 8, 2019 Page 5 of 5 21. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 22. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 23. A minimum of one week prior to final inspection by the Building and Safety Department, the applicant shall schedule a final inspection by the Planning Department. Public Works -Engineeri ng 24. An encroachment permit is required for construction work, activities, staging or equipment/vehicle storage in the public right-of-way. Applications and approvals for engineering permits are processed by the Engineering Division of the Public Works and Utilities Department. Orange Cou nty Fire Authority (OCFA) 25. Prior to the issuance of a building permit the applicant shall obtain OCFA approval of a fire master plan (service code PR145), architectural plans (service codes PR200-PR285), underground piping for fire sprinkler systems (service code PR470-PR475), and fire sprinkler system (service codes PR400-PR465). 26. Prior to concealing interior construction the applicant shall obtain OCFA approval of a sprinkler monitoring system (service code PR500) and a hood and duct extinguishing system (service code PR335). Date of Approval: January 8, 2019 Resolution No.: 19-01-08-03 Effective Date: January 24, 2019 Applicant Acceotance of Conditions of Approval: By: (f(o ,Jn,w/;_ January 15, 2019 Applicant/ Agent Date