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PC Resolution-24-04-10-02PC RESOLUTION NO. 24-04-10-02 ARCHITECTURAL CONTROL (AC) 23-002 GRADING PLAN MODIFICATION (GPM) 23-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 23- 002 AND GRADING PLAN MODIFICATION (GPM) 23-009, HERITAGE BARBEQUE PHASE 2 EXPANSION, TO ALLOW CONSTRUCTION OF A 1,912 SQ. FT. BARN STRUCTURE, A 162 SQ. FT. FREE-STANDING RESTROOM STRUCTURE, AND AN EXTERIOR CONCRETE PAD TO HOUSE SIX BARBECUE SMOKERS PROVIDED WITH THREE SHADE STRUCTURES AT 31721 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBERS: 124-181-02, -03, -04, -05 & -11) AND FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15303, 15311, AND 15332 (APPLICANT: SJC MISSION VENTURES, LLC) Whereas, SJC Mission Ventures, LLC(the "Applicant") has requested approval of Architectural Control (AC) 23-002 and Grading Plan Modification (GPM) 23-009, Heritage Barbeque Phase 2 Expansion, related to the construction of a 1,912 sq. ft. barn structure, a 162 sq. ft. free-standing restroom structure, and an exterior concrete pad to house six (6) barbecue smokers provided with three (3) shade structures (the "Project") at 31721 Camino Capistrano (Assessor Parcel Numbers: 124-181-02, -03, -04, -05 & -11) (the "Project Site"); and Whereas, the Project Site has a Zoning designation of Town Center (TC) District and a General Plan Land Use Designation of General Commercial; and Whereas, the Applicant is the owner of the Project Site; and Whereas, the proposed Project has been processed pursuant to the Development Review Procedures set forth in Section 9-2.301 of the San Juan Capistrano Municipal Code;and Whereas, pursuant to Section 21067 of the Public Resources Code, and, Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed Project; and, Whereas, the City's Environmental Administrator has determined that the whole of the Project is categorically exempt from CEQA per the categorical exemptions set forth in State CEQA Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures), Section 15311, Class 11 (Accessory Structures), and Section 15332, Class 32 (In-Fill Development Projects); and Whereas, the Planning Commission conducted a duly-noticed public hearing on April 10, 2024, pursuant to Municipal Code Section 9-2.302; and PC Resolution 24-04-10-02 2 April 10, 2024 Whereas, the Planning Commission has considered all public testimony on the proposed Project and all relevant public comments and all documents and evidence submitted, including, but not limited to, the staff report, attachments, and materials submitted by the Appiicant; and Whereas, all other legal prerequisites to the adoption of this Resolution have occurred. 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 CEQA per the Class 3 (New Construction or Conversion of Small Structures), Class 11 (Accessory Structures), and Class 32 (In-Fill Development Projects) categorical exemptions set forth in State CEQA Guidelines sections 15303, 15311, and 15332, respectively. The Project is exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303, which applies to the construction and location of limited numbers of new, small facilities or structures not exceeding 2,500 square feet in floor area. Here, the Project falls within the Class 3 exemption as the Project entails the construction of a 1,912 sq. ft. barn structure, a 162 sq. ft. free-standing restroom structure, and an exterior concrete pad to house six barbecue smokers provided with three shade structures. The Project will not result in the construction of facilities or structures exceeding 2,500 square feet. The Project is further exempt from CEQA under the Class 11 exemption set forth in State CEQA Guidelines section 15311, which applies to the construction or placement of minor structures accessory to existing commercial facilities. Here, the Project falls within the Class 11 exemption as the structures to be constructed as part of the Project are all accessory and appurtenant to the Applicant's existing commercial facility and operations at the Project Site. The Project is additionally exempt from CEQA under the Class 32 exemption set forth in State CEQA Guidelines section 15332 because (1) the Project constitutes in-fill development; (2) the Project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with the applicable zoning designation and regulations; (3) The Project Site is within the limits of the City of San Juan Capistrano, is less than five acres, and is substantially surrounded by urban uses; ( 4) the Project Site has no value as habitat for endangered, rare, or threatened species (notably, the project site has already been developed and currently has a restaurant and related improvements and therefore is not a habitat for endangered, rare, or threatened species); and (5) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (6) the Project Site can be adequately served by all required utilities and public services (the Project Site is currently serviced by all required utilities, including but not limited to electricity, gas, garbage, water, and sewer and therefore would remain adequately serviced). PC Resolution 24-04-10-02 3 April 101 2024 In addition, the Project Site is not located within, and has no potential to impact, an environmental resource of hazardous or critical concern that has been designated, precisely mapped, or officially adopted pursuant to law by any federal, state, or local agency; no such resource has been designated, precisely mapped, or officially adopted at the Project site The Project further will not have a significant cumulative impact, as there are no successive projects of the same type in the same place. Moreover, there are no unusual circumstances associated with the Project, and there is no reasonable possibility that the Project will have a significant effect on the environment due to unusual circumstances. Additionally, the Project Site is not located within, or visible from, a State Scenic Highway, and the Project will thus not result in damage to scenic resources within a state scenic highway. Nor is the Project Site located on a site that is included on any list compiled pursuant to Section 65962.5 of the' Government Code. Finally, the Project has no potential to cause a substantial adverse change in the significance of a historic resource, as set forth in the Historic Resources Analysis Report prepared in support of the Project. The Planning Commission hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five (5) working days of Project's approval and adoption of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant to Municipal Code Section 9-2.313(c) of Title 9, with respect to Architectural Control (AC) 23-002, as set forth in Municipal Code Section 9-2.313(a)(3), subject to the conditions of approval identified in Exhibit A, which are attached to this Resolution and incorporated herein by reference: 1. The use and design of the Project complies with all applicable provisions of Title 9 of the SJCMC because an eating and drinking establishment use is permitted by- right in the Town Center (TC) zoning district. The design of the Project conforms with applicable architectural design standards and is consistent with the "Gallery Frontage" type as described within SJCMC Section 9-3.554. The architectural style of the 1,912 sq. ft. barn structure is consistent with the Agricultural Heritage style with the proposed 162 sq. ft. restroom structure consistent with the Mediterranean Revival style, which are allowable architectural styles that must be utilized within the city's Town Center (TC) zoning district. The structures would comply and complement the traditional and historic character of the City of San Juan Capistrano which consists of a mix of styles including Mediterranean, Spanish Colonial, Monterey, Mission Revival, Rural Agrarian, Modern, Western and Early California. The scale, proportion, and character of the Project would complement surrounding development. Lastly, the Project is consistent with all development standards including but not limited to setbacks, heights, and floor area ratio. There is no applicable specific plan or comprehensive development plan for this property. 2. The use and design of the Project is consistent with the goals, policies, and objectives of the General Plan because the General Commercial land use designation provides for a variety of commercial land uses that can co-exist PC Resolution 24-04-10-02 4 April 10, 2024 compatibly with surrounding land uses, including retail, office, and service-oriented business activities serving a community-wide area and population or broader market, and the Project consists of expansion of an existing restaurant which wouid serves a community-wide area and popuiation. The use is iocated within a commercial area consisting of compatible land uses, such as retail and other eating establishments. The Project would also be consistent with the following policies of the Community Design Element: • Community Design Element Policy 1. 1 Preserve significant amounts of land and important natural features for open space. The Project is consistent with this policy because the proposed development would not be located within an area designated as General Open Space, thereby preserving that significant land area and any important natural features; and • Community Design Element 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 buildings and drought tolerant landscaping would feature high quality materials and architectural detailing. Additionally, the site improvements incorporate a human scale design by providing a desirable environment for visitors as there would be adequate parking, new landscaping, and lighting. Lastly, the Project is designed to be compatible with the surrounding properties; and • Community Design Element 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 as the proposed architectural style complements the traditional and historic character of the City of San Juan Capistrano which consists of a mix of styles including Mediterranean, Spanish Colonial, Monterey, Mission Revival, Rural Agrarian, Modern, Western and Early California; and • Community Design Element Policy 3. 1 Limit development of important natural characteristics such as ridgelines, unique hillside features and creeks. The Project is consistent with this policy as the proposed development Would not impact any ridgelines, hillside features, or creeks. 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 because the Project would not conflict with Code requirements with respect to setbacks, parking, access, or other features as all development standards are being met. 4. The character, scale, and quality of the site design and landscaping are consistent with the adopted Architectural Design Guidelines as follows: • 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 hardscape and landscape improvements along the frontage of the Project site. • Design Issue/Principle 2: Eclectic Building Styles. The proposed architectural style of the 1,912 sq. ft. barn structure is consistent with the PC Resolution 24-04-10-02 5 April 10, 2024 Agricultural Heritage style with the proposed 162 sq. ft. restroom structure consistent with the Mediterranean Revival style, which would complement the traditional and historic character of the City of San Juan Capistrano which consists of a mix of styles including Mediterranean, Spanish Colonial, Monterey, Mission Revival, Rural Agrarian, Modern, Western and Early California. The proposed architectural design is appropriate for the use and setting because it is consistent with the eclectic architecture that is found within and around the Historic Town Center and would further enrich 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/Principle 4: Dialogue with Surroundings. The siting and design of the buildings/structures considered the surroundings, including the adjacent Mission San Juan Capistrano, which is identified on the City's Inventory of Historic and Cultural Landmarks (IHCL) and the National Register of Historic Places (NHRP), in addition to the Santa Fe Depot, which is identified on the City's IHCL. A Historic Resources Analysis Report (HRAR) was prepared and assessed the Project's impact on historic resources, including the proposed rehabilitation design for compliance with The Secretary of the Interior's Standards for Rehabilitation. The HRAR concluded that the proposed Project would not cause a significant impact or substantial adverse change to an historical resource and the proposed architectural design of the Project would be aesthetically compatible with its surroundings. • Design Issue/Principal 5: Heritage and Tradition. The proposed buildings reflect the history and tradition of San Juan Capistrano with designs that are reminiscent of the City's architectural history. • Design Issue/Principal 6: Richness of Details and Materials. The Project's proposed architectural style complies with and complements the eclectic building styles that exist in the City and the structures are provided with a richness of details and materials. • Design Issue/Principal 7: Relationship to Natural Settings. The siting and design of the development is such that is does not impact any views, vistas, community landmarks, or cultural features. The Project has considered its interaction with the surroundings, including the adjacent Mission San Juan Capistrano, which is identified on the City's Inventory of Historic and Cultural Landmarks (IHCL) and the National Register of Historic Places (NHRP), in addition to the Santa Fe Depot, which is identified on the City's IHCL. A Historic Resources Analysis Report (HRAR) was prepared and assessed the Project's impact on historic resources, including the proposed rehabilitation design for compliance with The Secretary of the Interior's Standards for Rehabilitation. The HRAR concluded that the proposed Project would not cause a significant impact or substantial adverse change to an historical resource and that the proposed architectural design of the Project would be aesthetically compatible its surroundings. PC Resolution 24-04-10-02 6 April 10, 2024 • Design Issue/Principal 9: Incremental Growth. The Project proposes incremental growth, specifically by adding a 1,912 sq. ft. barn structure, a 162 sq. ft. free-standing restroom structure, and an exterior concrete pad to house six (6) barbeque smokers provided with three (3) shade structures on a existing commercial site developed with a restaurant use. • Policy 4,C.5. Vehicular Access/Circulation/Parking. The proposed redesign of the site would result in no passenger vehicle access or parking within the Project site as the parking that serves the site is within the parking lot on the adjacent property; therefore, there would be no vehicle-pedestrian conflict points. Further, the Project would include defined and functional pedestrian circulation to building entrances. • Policy 4.C.10 Refuse and Storage Areas. The proposed trash enclosure, approved under Phase 1 improvements and not part of this review, would be located in the parking lot area behind the proposed improvements. The location would allow for easy accessibility for trash collection and would not impede general site circulation patterns during loading operations. • Design 4.C.13 Lighting. The entitlement plans indicate that the existing festoon lights and poles are to be removed and reused, with new poles added, to match existing. The Applicant will be required to submit a photometric plan, prior to building permit issuance, that demonstrates compliance with the lighting standards within the SJCMC. • Policy 4.0 .1 Architectural Imagery. The proposed architectural style was designed with consideration to the City's Early California Heritage and conveys a sense of authenticity. • Policy 4.0.4 Building Materials and Colors. The Project proposes building materials and colors that complement the overall design theme and surrounding development. • Policy 4.E.1 Landscape Guidelines. The Project landscaping would incorporate California Friendly and/or California Native plant species. The landscape design would contribute towards achieving an overall cohesive appearance and compatibility to its surroundings. 5. The site plan indicates there would be no passenger vehicle access or parking within the Project site as the parking that serves the site is within the public parking lot on adjacent property; therefore, there would be no vehicle-pedestrian conflict points. Further, the Project would include defined and functional pedestrian circulation to building entrances. The existing driveway approach along the Project frontage would be reconstructed, as required by the City Engineer, and would remain closed to passenger vehicles. 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 Project is located on a site that is surrounded by Town Center (commercial) and Public & Institutional (Mission San Juan Capistrano) zoning and the Project consists of a the expansion of an existing eating establishment that would incorporate design features and landscaping features, PC Resolution 24-04-10-02 7 April 10, 2024 including California Friendly and/or California Native plant species, which are complementary to the surrounding land uses. The Project is therefore compatible with the surrounding uses and improvements. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant to Municipal Code Section 9-2.323, with respect to Grading Plan Modification (GPM) 23-009 for onsite grading under Municipal Code Section 9-2.323(f), subject to the conditions of approval identified in Exhibit A, which is attached to this Resolution and incorporated herein by reference: 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, and Design Guidelines, because the proposed precise grading operations, involving 385 cubic yards of total base cut and 529 cubic yards of total fill, resulting in 244 cubic yards of export, would reshape the existing landform to accommodate redevelopment of the site and the proposed building pads. All grading activities would conform to requirements of the appropriate soils and geology reports and be performed under the supervision of a qualified soils engineer. Further, no protected ridgelines exist on the Project site. Landscaping has been incorporated into the landscape plans to minimize erosion and benefit aesthetics. There is no applicable specific plan or comprehensive development plan for this property. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority, because the site is already developed lot with an existing commercial building and would be graded, to the extent possible, to minimize impact to adjacent properties. 3. The proposed grading would remain consistent and compatible with immediately- adjacent lots, including, to the extent possible, blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and incorporating a design which harmonizes the design with the natural contours of the property and surrounding lots. 4. The proposed modified grading plan shows the location of proposed building footprints which would meet all required minimum setbacks for buildings as defined in the Town Center Zoning District and the general design standards, including minimum setbacks from the tops and toes of slopes, contained within Municipal Code Section 9-4.513. 5. The proposed modified grading would not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development, because the changes are subject to plan check review by the City's Engineering Division to ensure that grading does not result in any negative impacts to hydrology and water quality as required by local and state laws. Prior to issuance of a grading or PC Resolution 24-04-10-02 8 April 10, 2024 building permit, the applicant must demonstrate to the satisfaction of the Public Works Director that the proposed grading would not result in any negative impacts to hydrology and water quality as required by local and state laws. The grading modifications would not impact views or traii easements because the grading does not encroach or alter any trail system. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves Architectural Control (AC) 23-002 and Grading Plan Modification (GPM) 23-009, subject to those conditions of approval that are applicable to these entitlements as established by Exhibit A, which is attached hereto and incorporated herein by reference. RECITALS: The recitals set forth above aretrue and correct and are incorporated into this Resolution by this reference. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of records for the record of proceedings. 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, Thursday, April 25, 2024. These Project approvals, AC 23-002 & GPM 23-009, shall be valid for a period of two (2) years from the effective date of this Resolution, and shall expire on April 26, 2026, unless a time extension request is granted by the Zoning Administrator or building and grading permits related to this discretionary approval have been issued with commencement of construction 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. Project#: Project Name: Approval Date: Effective Date: EXHIBIT A RESOLUTION #: 24-04-10-02 CONDITIONS OF APPROVAL ARCHITECTURAL CONTROL (AC) 23-002 AND GRADING PLAN MODIFICATION (GPM) 23-009 Heritage Barbeque Phase 2 Expansion April 10, 2024 April 26, 2024 These conditions of approval apply to a request to improve the Heritage Barbeque restaurant by adding a 1,912 sq. ft. barn structure, a 162 sq. ft. free-standing restroom structure, and an exterior concrete pad to accommodate six smokers under three shade structures at 31721 Camino Capistrano (Assessor Parcel Numbers: 124-181-02, -03, - 04, -05 & -11 ). For the purposes of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. This approval is granted to allow for the improvement of the Heritage Barbeque restaurant by adding a 1,912 sq. ft. barn structure, a 162 sq. ft. free-standing restroom structure, and an exterior concrete pad to accommodate six smokers under three shade structures at 31721 Camino Capistrano (Assessor Parcel Numbers: 124-181-02, -03, -04, -05 & -11). Approval is granted based on the development plans submitted by SJC Mission Ventures, LLC, on December 15, 2023. Said plans 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. Major modifications to this approval which are determined by the Development Services Director to not be in substantial conformance with the approved plans, require submittal of updated application materials and the required application deposit. This Project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. If not appealed, this project approval shall he valid for a period of 24 months from the effective date of approval of this resolution, and shall expire on April 26, 2026, unless a time extension request is granted by the Zoning Administrator or building and grading permits related to this discretionary approval have been issued with commencement of construction prior to that date. Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 2 of 14 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County, and City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano ("City") and its officers, employees, and agents from and against any claim, action, proceeding, and/or lawsuit against the City, its officers, employees, or agents that seeks to attack, set aside, void, annul, or otherwise challenge 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 notify the applicant of any claim, action, proceeding, and/or lawsuit concerning the project, and the applicant shall cooperate fully in the defense of the matter. The City shall have the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agencies in any claim, action, proceeding and/or lawsuit relating to this project, and the applicant shall reimburse, on a monthly basis, the City for any costs, fees, and expenses incurred by the City relating to any such claim, action, proceeding and/or lawsuit. The applicant's obligation under this condition of approval shall extend to indemnifying and holding harmless the City and its officers, employees, and agents against any damages, fees, or costs awarded in connection with any claim, action, proceeding, and/or lawsuit relating to this project. 5. 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. 6. 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, then the conditions and/or plans as stipulated in the later approval shall prevail. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code. The Project shall comply with the standards established by the Municipal Code related to emissions of Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 3 of 14 noise, odor, dust, vibration, wastes, and fumes. No nuisance arising or occurring incidental to the project shall be maintained on site. 8. 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. 9. All applicable approvals, with exception of approvals of water and sewer improvements, and clearance from other departments and agencies shall be on file with the Building and Safety Division prior to issuance of any permits, final inspections, utility releases or release of securities, as specified in these conditions. Approval of water and sewer improvements and inspections shall be on file with Santa Margarita Water District. 10. Pursuant to Section 8-1 .03 of the Land Use Code, the project shall ensure that all construction activities, which includes the delivery or recovery of materials, supplies or construction equipment, shall be conducted in accordance within the prescribed hours of operation as follows: Monday through Friday 7:00 a.m. to 6:00 p.m. Saturday 8:30 a.m. to 4:30 p.m. Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official for extenuating reasons. 11 . The applicant shall comply with all requirements from the Building & Safety Division and all other City Departments. 12. The applicant shall request approval from the City for any deviation from the approved plans. Planning 13. Prior to issuance of a building permit, the Applicant shall modify the proportion of the windows provided on the south elevation of the 162 sq. ft. restroom building and recess the same windows at least 6". 14. Prior to issuance of a building permit, the Applicant shall submit an Historic Depiction Program (HOP) or submit a request to pay an in-lieu fee, in accordance with City Council Policy 606. The HOP shall require review and approval by the Cultural Heritage Commission pursuant to City Council Policy 606. The Applicant must obtain approval of the HOP by the Cultural Heritage Commission prior to the issuance of a Certificate of Occupancy. Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 4 of 14 15. Prior to the issuance of a Certificate of Occupancy, all proposed new trees, shrubs and groundcover shall be installed per the approved Landscape Plan. 16. 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. 17. Prior to Building permit issuance, the applicant shall obtain approval of a Photometric Plan that demonstrates compliance with the Land Use Code. 18. 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. THE FOLLOWING CONDITIONS AND REQUIREMENTS SHALL BE MET DURING CONSTRUCTION, FROM THE BEGINNING OF THE FIRST GROUND-DISTURBING ACTIVITY: 19. Archaeologist. Provide evidence that a qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County) has been retained by the project applicant. Archaeologist shall be present at pre-construction meetings to advise construction contractors about the sensitive nature of cultural resources located on or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor (defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on-and off-site construction activities that result in grading, 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 §7050.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented. 20. Native American Monitor. Provide evidence that a Native American monitor has been retained prior to construction/grading activities. A Native American monitor shall observe construction/grading activities that result in grading, excavating, or trenching on or below the original ground surface (including during project-related off-site utility [e.g., natural gas, Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 5 of 14 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. Public Works ~Engineering THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY GRADING AND/OR ENCROACHMENT PERMIT(S): 21. Address any outstanding WQMP and Civil/Hydrology comments from the City's 3rd party reviewers that were deferred during pre-entitlement plan check. 22. Utilize City Standard sheet layout (including size) and Standards Notes, as applicable. 23. Outstanding items from the grading plans include, and are not limited to: a. Improve the sidewalk and driveway along the project frontage as required by the City Engineer. 24. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. Prior to approval of the grading plans, the applicant shall submit concurrently with the StreeUSewer/Water/Drainage Improvement Plans/Landscape Irrigation, all Electrical, Gas, Telephone and Cable Television installation plans to the City Engineer for review and approval, to ensure compatibility with existing and proposed improvements. All utility lines with junction structures shall be underground. Any deviation from these requirements shall be subject to prior City Engineer review and approval. 25. Construction Cost Estimates. Prior to the approval of grading plans and issuance of the grading permit, the applicant shall submit an estimate of quantities and construction costs of all proposed Works of Improvements (e.g. Street, Drainage, Grading, Landscaping Irrigation etc .. ) associated with this development prepared by a California State Registered Civil Engineer pursuant to the City requirements to the City Engineer for review and approval. Said estimates shall include, but not be limited to, the costs for construction of all on-site and off-site improvements for street/parking lots, grading, signing and striping, storm drains, landscape, and irrigation systems. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. 26. Payment of Fees. Prior to issuance of grading and Encroachment permits, the applicant shall pay all applicable fee requirements in accordance with Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 6 of 14 the City Municipal Code, as last revised and the City Schedules of Rates and Charges, as last revised. 27 . Encroachment Permit Haul Route. An Encroachment Permit is required for a Haul Route for any import/export of earth material in excess of fifty (50) cubic yards to or from the site. Submit the Haul Route for review and approval by the City Engineer. 28. Grading Plans. Prior to issuance of grading and encroachment permits, the applicant shall submit the required number of copies of grading plans prepared by a California State Registered Civil Engineer to the Development Services Director for City review and approval by the City Engineer for the entire project site. Such plan shall be in substantial conformance with the grading concept plan made as part of the project. These plans shall conform to the City and the County of Orange grading plan standards and depict, at minimum, all existing features, the limits of grading, the drainage, retention/detention basins, sewer facilities, water facilities, existing and proposed easements and right-of-way boundaries, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended sufficiently beyond the tract's boundaries to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the County of Orange benchmark datum. All drainage design must depict proper conveyance to the on-site street or a City approved drainage facility with appropriate pre- treatment facilities or Best Management Practices (BMP) in place pursuant to the National Pollutant Discharge Elimination System (NPDES) permit requirements. All soils reports and grading plans shall be subject to review by a third- party geotechnical consultant retained by the City to ensure geotechnical stability to the satisfaction of the City Engineer. The following will be required for approval by the City Engineer: a. An on-site plan showing location of the access point, for the earth moving and grading equipment and for workers vehicles entering and exiting the site. b. An off-site haul route plan for soil importation/exportation circulation and for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards. The City Engineer may require a security deposit in conjunction with approval of the haul route plan. Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 7 of 14 29. c. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees. If applicable, all existing easements shall be shown on grading plans and disposition of the existing easements in respect to the proposed development shall be determined. If an easement is to be quitclaimed, a copy of the quitclaimed document shall be provided to the City Engineer. Erosion & Sediment Control Plans. Prior to issuance of grading and encroachment permits, the applicant shall submit an Erosion/Sediment Control Plan for the regulation and control of pollutant run-off by using Best Management Practices (BMPs), prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The plan shall show all temporary and permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where impounded water may create a hazardous condition. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by a certified QSD and the project shall be issued a WDID number through the Regional Water Resources Control Board and the project downloaded into the SMARTS program. In order to control pollutant run-off, the applicant shall demonstrate to the satisfaction of the City Engineer that all water quality best management practices shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, and the requirements of California Regional Water Quality Control Board (San Diego Region) Order No. R9-2009-0009 (As amended by 2010-0014-DWQ and 2012- 0006-DWQ) and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. 30. Water Quality Management Program. a. Prior to issuance of a grading permit, the applicant shall submit concurrently with the grading plans, erosion control plans, and drainage plans a Final Water Quality Management Program (WQMP), as prepared by a California State Registered Civil Engineer, to the City Engineer for review and approval. All erosion and sediment control measures as specified in said approved WQMP shall be implemented during the grading operation to the satisfaction of the City Engineer. b. Provisions for maintenance by the Owner or Property Manager for the water quality best management practices identified in the WQMP, of all private drainage facilities, including Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 8 of 14 31. 32. retention/detention basins that are made a part of the National Pollutant Discharge Elimination System (NPDES) permit issued by the City, and for inspection of open channels and catch basins annually. c. A provision that gives the City the right to assume inspection and maintenance of any NPDES facilities, if the City determines that the Owner or Property Manager has not inspected and maintained said facilities in accordance with the permit requirements, and that, in such event, the Owner shall be financially responsible to pay City for the costs the City incurs in such inspection and maintenance role. d. A statement indicating that by October first of every year, annual fiscal year reports will be furnished to the City in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program. Drainage Improvement Plans. Prior to issuance of grading and encroachment permits, the applicant shall submit Drainage Improvement Plans as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The Drainage Improvement Plans shall be specific to the project, and be consistent with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. Stormwater Management/Drainage Plan, Hydraulic/Hydrologic Calculations. Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit a Drainage Plan which includes the Hydraulic /Hydrology calculations prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The Drainage Plan shall show existing and proposed facilities, provide for acceptance of historic drainage from adjacent upstream properties, show hydraulic and hydrology studies and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage systems. Incorporate hydraulic analysis for any natural drainage courses and/or stream embankments where applicable. At a minimum, applicant shall match peak runoff rates for the 25-year and 100-year storm events. Accommodate run-on from adjacent areas when applicable. Proposed flow rates shall be detained to ensure existing downstream drainage facilities can adequately convey runoff generated by this project. The applicant/subdivider shall then, at applicant/subdivider cost, design and implement alternative methods of improvement for properly conveying Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 9 of 14 such discharge, free of debris, in a manner acceptable to the City Engineer. Applicant/subdivider shall obtain permission and permit for any work if any storm drains are designed to discharge onto another property or tie into a public storm drain. Said study shall be consistent with the City's Master Drainage Plan and in accordance with all applicable City regulations, Orange County Hydrology and Orange County Public Works design criteria and requirements. 33. Connection to Public Drains must be Documented and Filed. Prior to issuance of grading and right-of-way improvement permits, the applicant shall demonstrate to the satisfaction of the City Engineer that any proposed connections to an existing public drainage system, from on-site drains, must be approved by the City Engineer and/or Orange County Flood Control District (as applicable). All documentation and revisions to existing plans, where points of connections are permitted, shall be provided and submitted by the applicant's engineer at applicant's expense, prior to acceptance to improvements and release of performance securities. 34. Soils/Geology. Prior to issuance of grading and encroachment permits, the applicant shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, a Soils Report/Geotechnical Feasibility Study prepared by a certified engineering Geologist and Registered Soils Engineer to determine the seismic safety, drainage recommendations, and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. 35. Mitigation of Drainage and Grading Problems. Prior to issuance of grading and encroachment permits, the applicant shall adhere to the following conditions during the entire grading and construction operation: a. If any drainage problem is anticipated or occurs during construction, the applicant/subdivider shall provide and implement a solution acceptable to the City Engineer, at no cost to the City, and shall submit a recorded instrument to ensure the durability of the solution. b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Engineer and shall be subject to a supplemental Geotechnical Soils Report and additional fees. Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 10 of 14 36. Bonding ~nrl ~ecurities. Prior to issuance of the grading permit, the applicant shall execute a Grading Surety Agreement with the City and shall provide performance bonds/securities for 100 percent of each estimated Works of Improvement costs, inclusive of soft costs (e.g. Materials Testing, Inspection, Construction Management, Surveying, etc.), as prepared by a Registered Civil Engineer and approved by the City Engineer, and City Attorney for all onsite and offsite (if applicable) improvements including , but not limited to, street improvements, signing, grading, storm drains, private slopes, and erosion and sediment control. 37. Construction Phasing and Mitigation Program . Prior to issuance of grading and encroachment permits, the applicant shall prepare and adhere to a Construction Phasing and Mitigation program, approved by the Development Services Director and Building Official containing, but not limited to, the following controls: a. Grading: 1. Haul route for the movement of on and off-site of heavy earth- moving equipment. 2. Location of assembly and storage/service areas for heavy earth- moving equipment and limits of hours of operation. 3. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil import/export. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. A schedule and the method of performing the grading, stockpiling and construction of all improvements in each phase. b. Enforcement: The Development Services Director and City Engineer may modify the Construction Phasing and Mitigation Program as they deem necessary if on-site and offsite observations indicate that construction activities are creating a nuisance to adjacent property. The applicant/subdivider shall hire a project enforcement person approved by the City Engineer to ensure compliance with the Construction Phasing and Mitigation Program. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY: 38. WQMP Certification. Prior to issuance of a certificate of occupancy, applicant shall submit a signed certification letter from their civil engineer of record that all BMPs were installed per plan. 39 . Completion of All Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy for the building within the project, or prior to acceptance of the Works of Improvements and release of any Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 11 of 14 performance and labor and materials securities by the City, whichever occurs first, the applicant/subdivider shall complete, to the satisfaction of the City Engineer, all Works of Improvements as defined within the Subdivision Improvement Agreement and related plans required of this development and necessary to serve the development, including any required off-site improvements, in accordance with the City approved Improvement Plans, and approved exceptions, and at the sole cost of applicant. Orange County Fire Authority (OCFA) 40. Prior to issuance of precise grading or building permit, the Applicant shall obtain approval of a fire master plan (service code PR145). 41 . Prior to usance of a building permit, the Applicant shall obtain approval of an Architectural Plan for Group A Occupancies (service code PR208). Note: The proposed interior dining room is about 976 square feet, so the maximum occupant load is 65 persons. Both exit doors from the new interior dining area may not be equipped with any lock or latch except for panic hardware. A second exterior pedestrian gate, swinging in the direction of egress, shall be provided from the enclosed outdoor area to the public way, spaced from the currently proposed pedestrian gate per CBC Chapter 10, and both of those exterior pedestrian gates may only be secured by locks that will be released with panic hardware. If that enclosed outdoor space will be used for dining and/or queuing, then a furniture plan shall be provided. Previously, that exterior dining area was not required to meet the CBC egress requirements for an assembly area because it was not directly adjacent to a building, but with the addition of the proposed structure, that exterior area will be required to meet those requirements. 42. Prior to issuance of a building permit, the Applicant obtain approval of Refrigeration and Vapor Detection/Alarm System Plan_for the proposed walk-in cooler (service codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA Guideline G-02 or the California Fire or Mechanical Codes. 43. Prior to concealing interior construction, the Applicant shall obtain approval of a Hood and Duct Extinguishing System Plan (service code PR335), if the prep-kitchen will be equipped with any commercial cooking appliances which require a Type-1 exhaust hood . 44. Temporary/Final Occupancy Inspections: 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 Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 12 of 14 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. 45. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. Santa Margarita Water District (SMWD) 46. Domestic water (OW), sewer and future recycled water (RW) design work prepared by the developer, engineering or other consultants shall comply with SMWD's Design Criteria and Standard Drawings for Water and Sewer Facilities, as last revised. 47. The project applicant or Site property owner shall provide construction plans signed by a California Registered Civil Engineer for new OW and future RW connection laterals off an existing 8-inch diameter Asbestos Concrete Pipe (ACP) located in Camino Capistrano (CC). Application for OW service shall be made by the Site owner, new water meters purchased, and all connection and related fees shall be paid to SMWO before plan acceptance is completed. A fire service connection shall be required if determined by the CSJC and/or Orange County Fire Authority and usage fees shall also be paid as required when any such service is established. 48 . A separate and dedicated 1-inch or large diameter OW water meter (IWM), backflow prevention device (BFP) device shall be designed by the applicant, Site owner, or consultants for new service to proposed bathrooms and to a new structure with fixtures that is now proposed on the Site. The OW meter shall be located within CC public right of way (ROW) or in a new easement granted to SMWO with the BFP on private property off the west side PL of CC and separated a minimum of 5-feet from any irrigation lateral and meter. The SMWO connection fee for the proposed new OW service is $10, 696.15 in accordance with all water service related components indicated within Exhibit K of the CSJC Council Resolution 12-05-01-02. 49. A separate and dedicated 1-inch minimum diameter irrigation water meter (IWM), BFP and on-site purple pipe shall be designed by the applicant, Site owner or landscape architecture consultant for all irrigation system piping on the Site. The IWM shall be located within CC public right of way (ROW) or in a new easement granted to SMWO with the BFP on private Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 13 of 14 property off the west side PL of CC. The irrigation service connection in CC shall be separated to allow for conversion to RW use when a future pipeline is extended to this location. Please note that an IWM connection was not shown on the Phase 1 or Phase 2 CE Wet Utility Plans recently submitted to the DAB. The SMWD connection fee for the proposed IWM is $10,696.15 in accordance with all water service related components indicated within Exhibit K of the CSJC Council Resolution 12-05-01-02. 50 . Due to the design of a proposed new 6-inch diameter sewer connection to SMWD's sewer shown on the proposed CE Phase 1 and Phase 2 Wet Utility Plans and the additional drainage fixture units from new bathrooms and a proposed kitchen area in a new structure on the Site, the property Site owner/developer shall pay a new sewer connection fee in the amount of $4,441.69. The sewer connection fee amount is in accordance with Exhibit K of CSJC Council resolution 12-05-01-02. A monitoring manhole or large diameter clean out shall also be designed and constructed on the proposed new 6-inch diameter private sewer lateral outside of the Arguello Way Alley public ROW. Further, a new sewer manhole on the existing 6- inch diameter public sewer shall be designed and constructed to junction the new 6-inch diameter private lateral to SMWD's existing public sewer. As noted above SMWD will not approve plans and occupancy will not be granted until all design components are indicated on proposed construction plans to SMWD's satisfaction and all connection fees are paid. To date, SMWD has not received or accepted any construction plans that are described as the CE Phase 1 Wet Utility Plan improvements submitted to the DAB in late 2023. 51 . The Site owner or project applicant shall complete an SMWD Waste Discharge Permit Application (WDPA) and submit it to the SMWD Engineering Counter (via email at engcounter@smwd.com) for review and processing for the new restroom connections. The submittal shall comply with SMWD criteria and include a $275 processing fee. Obtain a release of occupancy letter from SMWD and the CSJC for use of the new building. 52. Submit all OW and RW related construction costs in public ROW using SMWD criteria for review and acceptance then pay all plan check and inspection fees. 53. The Site owner, developer or engineering consultant shall prepare and submit printed copies of all OW and RW documents as required 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. Planning Commission Resolution 24-04-10-02 Heritage BBQ Phase 2 Conditions of Approval April 10, 2024 Page 14 of 14 54. As noted above, submit engineering consultant signed pdf files of Sewer, DW and RW irrigation plans to SMWD for Chief Engineer approval. Provide SMWD record drawings (RD) mylar and also CAD files of all RDs per digital submission criteria stated on SMWD's website. The latest plan revisions show grayed out sewer facilities that are labeled as CE Phase 1 Wet Utility Plan items. The applicant and Site owner is advised that Phase 1 improvements for sewer, OW and RW have not been reviewed or approved by SMWD. SMWD approval of Phase 1 Wet Utility Plan items and all subsequent improvements (regardless of phase) is required. Provide an SMWD approval block on all phases of all DW and sewer improvement plans to facilitate the review and approval process. 55. SMWD general requirements for owner/applicant: a. Prepare and submit all improvements development project construction plans involving OW 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 in pdf form, otherwise resubmittal items will not be accepted for review and/or returned. c. For questions related to OW, 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).