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