Resolution Number 22-02-08-01EXHIBIT A
RESOLUTION #: 22-02-08-01
CONDITIONS OF APPROVAL
Project #: ARCHITECTURAL CONTROL (AC) 20-012,
CONDITIONAL USE PERMIT (CUP) 20-003,
DISCRETIONARY USE PERMIT (DUP) 20-001,
GRADING PLAN MODIFICATION (GPM) 21-002,
SIGN PROGRAM (SP) 20-024, AND TREE
REMOVAL PERMIT (TRP) 20-021
Project Name: In-N-Out Burger Restaurant with Drive-Through
These conditions of approval apply to a request to demolish an existing 11,292 sq. ft.
building and construct a new 3,879 sq. ft. In-N-Out Burger Restaurant with a Drive-
Through, and related site improvements including site grading with retaining walls and
project related signage, on two adjoining parcels totaling approximately 1.8 acres at
31791 Del Obispo Street (Assessor Parcel Numbers 124-160-60 & 668-242-12). Any
proposed changes to this approval shall be submitted to the City’s 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. ___ This approval is granted to allow for the demolition of an existing 11,292
sq. ft. building and construction of a new 3,879 sq. ft. In-N-Out Burger
Restaurant with a Drive-Through, and related site improvements including
site grading with retaining walls and project related signage, on two
adjoining parcels totaling approximately 1.8 acres at 31791 Del Obispo
Street (Assessor Parcel Numbers 124-160-60 & 668-242-12). Approval is
granted based on the development plans submitted by In-N-Out Burgers.
Inc. on February 1, 2022. 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 (15th) day after the
date of City Council approval and shall expire twenty-four (24) months
after the effective approval date 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
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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. ___ The Applicant shall deploy associates to manually take orders when nine
vehicles or more are stacked in the drive-through lane, except in those
rare occasions when severe weather and/or safety issues create a
constraint. Order takers shall also prompt patrons to close any gaps in the
queue to maximize utilization of the entire drive-through area and direct
customers to access the drive-through lane from the most northerly north-
south drive-aisle whenever drive-through lane vehicular queues exceed
25 vehicles.
3. ___ Truck deliveries shall not occur between the hours of 10:00 am and 1:30
am.
4. ___ Prior to submittal into Building Permit Plan Check, the landscape plans
shall be revised to include the installation of one or more Canary Island
Pine Trees south of the project driveway along the Del Obispo Street
frontage.
5. ___ Prior to submittal into Building Permit Plan Check, the project plans shall
include the construction/installation of the following improvements, per the
Traffic Impact Analysis Report prepared for the project:
a. Relocate the existing driveway approximately 40’ to the south of the
existing driveway on the property to align with the McDonald’s enter-
only driveway located on the east side of Del Obispo Street.
b. Construct a southbound right-turn lane.
c. Install a “STOP” sign and stop bar at the project driveway.
d. Install a “Right Turn Only” sign at the project driveway.
e. Install a half porkchop, with a raised curb, at the project driveway to
limit movements to and from the site to left-in/right-in/right-out.
f. Install “Keep Clear” pavement markers in front of the project driveway.
g. Install “Keep Clear” pavement markers in front of the McDonald’s
enter-only driveway. Prior to commencement of the work, the Applicant
shall provide written notice to the owner of the McDonald’s property.
The written notice shall include a description of the required work, a
timeline for the work (date, time, and estimated duration), and shall
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indicate that the property owner may contact the Applicant to work out
changes to the proposed work timeline.
6. ___ Prior to issuance of a Certificate of Occupancy, the Applicant shall:
a. Replace any damaged curb, gutter, and sidewalk along the project
frontage.
b. Relocate existing streetlights and above ground utilities impacted by
the construction of a right-turn lane.
7. ___ Prior to submittal into Building Permit Plan Check, the project plans shall
include a 4’-wide pedestrian path that provides a connection from HTC
park to the outdoor dining area, specifically in front of parking stalls 6-12
and 23-34, as identified on the submitted plans.
8. ___ Prior to submittal into Building Permit Plan Check, the project plans shall
indicate the lowering of the height of the parapet wall along the northwest
corner of the building to be at the same height as the rest of the roof.
Additionally, the tower element over the drive-through payment window
shall be lowered to match the height of the rest of the roof, provided it is
mechanically feasible to still accommodate the mechanical equipment
within the tower and provided any rooftop mechanical equipment will
remain substantially screened from view from adjacent public streets.
9. ___ Prior to submittal into Building Permit Plan Check, the project plans shall
indicate that the Light Reflectance Value of the exterior paint color of the
restaurant building and accessory structures is 85% or less.
10. ___ Prior to submittal into Building Permit Plan Check, the project plans shall
be revised to remove the red band of lighting that is proposed to be
installed under the cornice of the building.
11. ___ Prior to submittal of the sign plans into Building Permit Plan Check, the
sign plans shall be revised to enhance the design of the monument sign to
the satisfaction of the Development Services Director. Additionally, the
sign plans shall indicate that the any panel not in use on the monument
sign shall remain opaque. The constructed signs shall conform to such
revised sign plans as approved by the Development Services Director.
12. ___ Prior to issuance of a building permit, the Applicant shall submit an
Historic Depiction Program (HDP) or submit a request to pay an in-lieu
fee, in accordance with City Council Policy 606. The HDP shall require
review and approval by the Cultural Heritage Commission pursuant to City
Council Policy 606. The Applicant must obtain approval of the HDP by the
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Cultural Heritage Commission prior to the issuance of a Certificate of
Occupancy.
13. ___ Prior to the issuance of a Certificate of Occupancy, the Applicant shall
install landscaping and irrigation within the undeveloped Phase 2 area of
the site. The landscaping shall be installed per a City and Santa Margarita
Water District reviewed and approved landscape/irrigation plan.
14. ___ Prior to the issuance of a Certificate of Occupancy, all proposed new trees
shall be installed per the approved Landscape Plan and shall be a
minimum of 24” box size.
15. ___ The installation of exterior newsstands, pay phones, or vending machines
shall be prohibited.
16. ___ The Applicant shall prevent loitering around the project site, and in all
parking areas serving the use during hours of operation.
17. ___ The subject site shall be monitored daily and cleared of any trash, junk,
litter, and debris.
18. ___ Prior to issuance of a Building Permit, the project plans shall demonstrate
that all roof-mounted mechanical equipment and/or duct work which
projects above the roof or roof parapet of the building shall be screened.
19. ___ Prior to issuance of a Building Permit or Grading Permit, the Applicant
shall demonstrate to the City’s satisfaction that the approximate 1.8-acre
site is a single legal lot or obtain approval of a Lot Line Adjustment to
make the project site a single legal lot.
20. ___ Prior to submittal into Building Permit Plan Check, the Landscape Plans
shall be revised to provide the retaining walls, adjacent to Historic Town
Center Park and adjacent to the southerly property, with landscaping
materials to soften and screen said walls.
21. ___ 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 any potential
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,
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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.
22. ___ 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.
23. ___ If paving activity during construction is required within 25 feet of nearby
structures, use of a static roller in lieu of a vibratory roller shall be
employed.
24. ___ Approval of this application does not relieve the Applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
25. ___ 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, Design
Review Committee, Cultural Heritage Commission, or City Planner. The
City shall promptly notify 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.
26. ___ 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
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Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
27. ___ 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.
28. ___ In the event that project plans 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.
29. ___ 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.
30. ___ 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.
31. ___ 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 Division.
Public Works -Engineering
32. ___ Prior to submittal into Building Permit Plan Check, the Applicant shall
submit electronic and hard copies of all documents listed on the “Plan
Check Submittal Requirements” form located at the Building and Planning
Counter. This includes and is not limited to: a Geotechnical report with wet
ink signatures (report or addendum letter cannot be over one (1) year old),
Hydrology and Hydraulic analyses/report, retaining wall calculations, a
Storm Water Pollution Prevention Plan (SWPPP) to mitigate erosion and
sediment from leaving the site during construction activities, Erosion and
Sediment Control Plans (ESCP) including backup calculations and data,
and an engineer’s cost estimate for grading activities (including retaining
walls), erosion/sediment control BMPs, and any off-site improvements.
33. ___ Prior to submittal into Building Permit Plan Check, the Applicant shall
incorporate hydraulic analysis for any natural drainage courses and/or
stream embankments where applicable. Applicant shall match peak runoff
rates for the 25-year and 100-year storm events.
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34. ___ Prior to submittal into Building Permit Plan Check, the Applicant shall
submit a Final Water Quality Management Plan, if required.
35. ___ Prior to submittal into Building Permit Plan Check, the Applicant shall
utilize City Standard sheet layout and Standard notes, as applicable.
36. ___ Prior to submittal into Building Permit Plan Check, the Applicant shall
incorporate profiles to show adequate vehicle clearance at driveway
locations.
37. ___ Prior to the issuance of a Building Permit, the Applicant shall dedicate to
the City, and the City Council shall accept said dedication, of the
necessary right-of-way for a southbound right-turn lane as shown within
the Traffic Impact Analysis.
38. ___ Prior to issuance of a Building Permit, the Applicant shall obtain city
approval of traffic control plans.
39. ___ Prior to issuance of a Building Permit, 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
Department.
40. ___ Prior to issuance of a Building Permit, an encroachment permit is required
prior to the removal of the two trees located within the Historic Town
Center Park, as shown on the Applicant’s submitted plans. Access to the
trees shall be limited to the Applicant’s private property. Construction shall
be scheduled to avoid conflicts with City events in the Park. Construction
scheduling must be coordinated with the City Public Works Department
prior to receiving approval of an Encroachment Permit.
41. ___ Prior to issuance of a Building Permit, an encroachment Permit is required
for the construction of the driveway, any improvements within the right of
way, and use of a Haul Route for any import/export of earth material in
excess of fifty (50) cubic yards to or from the site. Applicant shall submit
the Haul Route for review and approval by the City Engineer, who shall
determine the maximum number of daily truck trips related to import and
export of soil, hours of said trips, and the route.
42. ___ Prior to issuance of a Building Permit, the Applicant shall submit a grading
surety agreement and security. Additionally, signed Mylars of plan sets for
City Engineer’s signature shall also be submitted and five (5) hard copies
of the plans will be required after the Mylars are signed.
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43. ___ Any existing improvements within Historic Town Center Park, including but
not limited to fencing, hardscape, irrigation, landscape, and utilities,
damaged by the tree removal, or any other construction activity, shall be
repaired and/or replaced in kind by the Applicant.
44. ___ The Applicant shall dedicate the required right-of-way and construct a
four-foot wide sidewalk behind the project driveway to meet the American
with Disabilities Act (ADA) maximum cross slope of 2%. These
improvements shall be detailed within the construction plans to be
submitted and reviewed for approval by the Public Works Department.
45. ___ The Applicant shall repair ground area within the Historic Town Center
Park impacted during construction activity with turf to match the adjacent
surrounding landscape to the satisfaction of the City Public Works
Department.
46. ___ The Applicant shall pay all applicable fees including but not limited to
building permits, encroachment permit, grading permit, utility connections,
development impact fees, and the Capistrano Circulation Fee Program.
Orange County Fire Authority (OCFA)
47. ___ Prior to the issuance of a building permit, the Applicant shall obtain OCFA
approval of a fire master plan (service code PR145), architectural A-2
Occupancy plan (service codes PR204), and underground piping for fire
sprinkler systems (service code PR470).
48. ___ Prior to concealing interior construction, the Applicant shall obtain OCFA
approval of a sprinkler monitoring system (service code PR500), a fire
sprinkler system (service code PR 420-425), a hood and duct
extinguishing system (service code PR335), and a C02 leak detection
(service code 350) if greater than 100 pounds of liquid C02 is used for
beverage dispensing.
49. ___ Prior to issuance of temporary or final certificate of occupancy, all OCFA
inspections shall be completed to the satisfaction of the OCFA inspector
and be in substantial compliance with codes and standards applicable to
the project and commensurate with the type of occupancy (temporary or
final) requested. Inspections shall be scheduled at least five days in
advance by calling OCFA Inspection Scheduling at 714-573-6150.
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Santa Margarita Water District (SMWD)
50. ___ Water, wastewater (sewer) and recycled water (RW) design and
construction activity by the developer, consultant and contractors shall be
performed in accordance with SMWD’s Design Criteria And Standard
Drawings for Water and Sewer Facilities, as last revised.
51. ___ The project developer and civil engineering consultant shall design and
construct a replacement 8-inch diameter DR 14 AWWA C900 Polyvinyl
Chloride (PVC) domestic water (DW) pipeline and new valves within Del
Obispo Street (DOS) asphalt pavement that is to be approximately 6-feet
off the westerly DOS curb face. The replacement 8-inch diameter PVC
pipeline is to extend from a connection point on an existing 8-inch
diameter Asbestos Concrete Pipe (ACP) DW line at a location that is
approximately 70-feet north of proposed INOB new site entrance
centerline (CL). The replacement 8-inch diameter PVC pipe shall extend
southward in DOS from the new connection point approximately 280-feet
south to reconnect using two 2 – 45-degree angle points to joint with the
existing 8-inch diameter ACP pipeline in a sidewalk area. The ACP
reconnection point is near the southerly site property line and is about
approximately 190-feet south of the I&OB entrance CL. Three (3) or more
existing DW laterals in DOS serving businesses on both sides hall be
extended to and connected with the new PVC pipeline. After new
connections are made, the existing 8-inch diameter ACP DW pipeline shall
be cut where required and any removed materials disposed of properly or
otherwise slurry filled and abandoned in place.
52. ___ SMWD shall be granted 5-feet minimum (each direction) easement(s) by
the developer for all new DW meters locations on private
property. Easements shall use SMWD standard terms and metes and
bounds legal descriptions with map exhibits
53. ___ A sewer monitoring manhole shall be designed and constructed on private
property where an angled connection on a new 6-inch diameter sewer
lateral coming from the INOB building and site is proposed.
54. ___ Sewer system grease interceptors shall comply with South Orange County
Wastewater Authority criteria.
55. ___ Utilize SMWD General, DW, RW, and Sewer Notes on all DW, sewer and
RW construction plans, as applicable.
56. ___ Submit printed copies of all DW and sewer facility documents to the
SMWD Engineering Counter at 26111 Antonio Parkway, Rancho Santa
Margarita, CA 92688. Electronic files (pdf) for same shall also be
submitted via email to engcounter@smwd.com for SMWD review.
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57. ___ Provide to SMWD for review all improvement plans including but not
limited to: plumbing, irrigation and fire sprinkler system. The developer
shall also submit an application for a Waste Discharge Permit and obtain a
release of occupancy letter from SMWD and the CSJC before allowing
use of the building.
58. ___ Submit to SMWD for review and acceptance all developer design
engineer’s cost estimates for all off-site DW and sewer improvements.
59. ___ Submit developer engineering consultant signed mylars of public DW and
sewer plans to SMWD for Chief Engineer approval. SMWD approved
public DW and sewer drawing mylars will be returned to the engineering
consultant for preparation of printed construction plan and specification
copies. Provide CAD files of plans to SMWD.
60. ___ SMWD general requirements for developer:
a. Prepare and submit all improvements development project
construction plans involving DW and sewer facilities on 22” x 34” paper
size. Also provide in pdf format for SMWD review.
b. Submit previous red line and other SMWD review comments with
revised plan submissions, otherwise resubmittal items will not be
accepted for review and/or returned.
c. For questions related to DW, sewer and RW improvement
requirements for this project contact: Mr. Jaime Aguilar at
jaimea@smwd.com (949-459-6582) or Ms. Catherine Aamodt at
catherinea@smwd.com (949-459-6505).
Applicant Acceptance of Conditions of Approval:
By: ________________________________ ____________________
Applicant/Agent Date