11.01 Chick-fil-A 7 - Attachment 6 Final MND No. 1858-18FINAL
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NO. 1858-18
PROPOSED CHICK-FIL-A
DRIVE-THRU RESTAURANT
STATE CLEARINGHOUSE NO. 2019089099
LEAD AGENCY:
City of Orange
300 E. Chapman Avenue
Orange, California 92866
Contact: Robert Garcia
714.744.7231
PREPARED BY:
Michael Baker International
5 Hutton Centre Drive, Suite 500
Santa Ana, California 92707
Contact: Ms. Kristen Bogue
949.472.3505
December 2019
JN 166516
This document is designed for double-sided printing to conserve natural resources.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 i Table of Contents
TABLE OF CONTENTS
1.0 Introduction .................................................................................................................. 1-1
2.0 Revisions to Information Presented in the Draft IS/MND ......................................... 2-1
3.0 Response to Comments .............................................................................................. 3-1
4.0 Mitigation Monitoring and Reporting Program .......................................................... 4-1
Appendices
F-1 Revised Hydrology and Water Quality Reports
F-2 Revised Traffic Reports
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Final | December 2019 1-1 Introduction
1.0 INTRODUCTION
The proposed Chick-fil-A Drive-Thru Restaurant (herein referenced as the “project”) is located at
202 South Main Street in the City of Orange (City), County of Orange, California. Regionally, the
site is located approximately 0.50-mile north of State Route 22 (SR-22) and 0.65-mile east of
State Route 57 (SR-57). Locally, the site is located at the southwestern corner of the intersection
of West Almond Avenue and South Main Street. The project encompasses approximately 0.95 -
acre and is located on Assessor’s Parcel Number 390-264-28. The project involves the demolition
of an existing 8,579-square foot structure and the construction of a one-story, 4,563-square foot
Chick-fil-A restaurant building with a double drive-thru lane and associated surface parking,
landscaping, and utilities.
In accordance with the California Environmental Quality Act (CEQA) Guidelines, a Draft Initial
Study/Mitigated Negative Declaration (IS/MND) has been prepared for the proposed project.
The Draft IS/MND (State Clearinghouse No. 2019089099) was made available for public review
and comment pursuant to CEQA Guidelines Section 15070. The public review commenced on
August 29, 2019 and concluded on September 27, 2019. The Draft IS/MND and supporting
attachments were available for review by the general public at the following locations:
• City of Orange, Community Development Department, Planning Division: 300 East
Chapman Avenue, Orange, CA 92866;
• City of Orange City Clerk: 300 East Chapman Avenue, Orange, CA 92866;
• Orange Public Library and History Center: 407 East Chapman Avenue, Orange, CA
92866;
• El Modena Branch Library: 380 South Hewes Street, Orange, CA 92866;
• Taft Branch Library: 740 East Taft Avenue, Orange, CA 92865; and
• City of Orange, Community Development Department, Planning Division Website:
https://www.cityoforange.org/292/Project-NoticesRelated-Environmental-Doc.
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Final | December 2019 2-1 Revisions to Information Presented
in the Draft IS/MND
2.0 REVISIONS TO INFORMATION PRESENTED
IN THE DRAFT IS/MND
INTRODUCTION
On August 29, 2019, the City of Orange circulated the Draft IS/MND (State Clearinghouse No.
2019089099) for a 30-day public review period to responsible and trustee agencies and
interested parties. Since issuance of the Draft IS/MND, the project Applicant has submitted
modifications to the proposed project. Potential impacts resulting from modifications to the
proposed project are discussed herein. As presented within this secti on, these revisions
represent modifications to the previously analyzed project description. The revisions do not
change the conclusions presented in the Draft IS/MND and the revised project would not create
any new significant impacts or the need for additional mitigation.
REVISED PROJECT
The revised project addresses several design review concerns of the City, most notably, the
location of the restaurant in the rear of the site (with the parking lot in front) and potential drive-
thru queuing impacts on the public right-of-way along Almond Avenue. As such, the revised
project involves relocating the proposed Chick-fil-A restaurant from the southern portion of the
site to the northeast corner of the site (adjacent to the Almond Avenue and Main Street
intersection) and redesigning the drive-thru lanes; refer to Exhibit 2-1, Revised Site Plan. Main
components of the revised project are described below.
Proposed Building. The proposed building would be a one story, 4,527-square foot Chick-fil-A
restaurant with a two-lane drive-thru. The restaurant would have a traditional layout with an
indoor dining area (104 seats), serving/ordering area, kitchen area, service area, and an indoor
play area for children. No outdoor seating is proposed. The kitchen area includes a freezer, a
cooler, stacked convention ovens, and preparation and finishing tables. The restaurant would
also include office space for managerial purposes, a multi-purpose room, and restrooms. The
restaurant’s trash enclosure is proposed in the western parking area adjacent to the drive-thru
entrance.
Parking. The revised site plan would provide 49 vehicle parking spaces (47 standard spaces
and two handicap spaces), a motorcycle parking area, and bicycle parking storage at the front
of the restaurant. Generally, parking would be provided along the southern project boundary
and in the center of the site where the drive-thru lanes wrap around; refer to Exhibit 2-1.
Drive-Thru Lanes. Based on Exhibit 2-1, vehicles entering either of the two proposed 12-foot
drive-thru lanes (which merge into one 12-foot lane) would enter from the southwest corner and
exit from the eastern half of the site. The proposed drive-thru lanes would wrap around the
central parking area in a clockwise direction from the southeast corner, to the north and east
along Almond Avenue, and southerly along the western side of the proposed building to the
pick-up window. The menu boards and speaker boxes would be located in the northwest
portion of the site adjacent to Almond Avenue. Overall, the drive-thru would provide stacking for
up to 21 vehicles from drive-thru entry to the pick-up window.
Exhibit 2-1
Revised Site Plan
NOT TO SCALE
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PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NO. 1858-18
Source: CRHO Archicture Interior Planning, 2019.
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Final | December 2019 2-3 Revisions to Information Presented
in the Draft IS/MND
Site Access and Circulation. Access to the project site would be provided via one unsignalized
two-way driveway along Main Street and one unsignalized egress-only driveway along Almond
Avenue.
Pedestrian pathways are proposed within the central parking area and across the drive-thru
lanes near the pick-up window and southern restaurant entrance. Direct pedestrian access
from Almond Avenue and Main Street to the proposed restaurant is also provided.
Landscaping. Exhibit 2-2, Revised Landscape Plan, illustrates the proposed landscaping for the
revised site plan. As shown, the 18 existing queen and fan palms along the site perimeter
would be removed. However, these perimeter trees would be replaced with ornamental trees,
shrubs, and groundcover along the site perimeter, on all sides of the proposed restaurant, within
the parking lot area, and along the drive-thru pathway. Trees and shrubs would include
strawberry trees, southern magnolias, crape myrtle, Saratoga laurel, agave, fountain grass,
kangaroo paw, fern pine, and various lily species, among others. The total landscaped area
would be approximately 8,164 square feet.
Storm Drain System. As shown on Exhibit 2-1, an underground infiltration system would be
installed in the southwest parking area on-site. Stormwater would flow toward three 24- by 24-
inch grated inlets on-site into the underground infiltration system and be filtered of debris and
trash on-site. For overflows, a bypass system would be installed that would outlet to an existing
12-inch storm drain at the southwest portion of the project site, which would then flow off-site
and ultimately discharge into the City’s storm drain system to the south.
Exhibit 2-2
Revised Landscape Plan
NOT TO SCALE
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PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NO. 1858-18
Source: Hourian Associates, 2019.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 2-5 Revisions to Information Presented
in the Draft IS/MND
MODIFICATIONS TO THE PREVIOUSLY ANALYZED PROJECT
Table 2-1, Previous and Revised Site Plan Comparison, provides a comparison of the
previously analyzed site plan to the revised site plan.
Table 2-1
Previous and Revised Site Plan Comparison
Project Feature Previous Site Plan (Draft IS/MND) Revised Site Plan (Final IS/MND)
Restaurant
Size 4,563 square feet 4,527 square feet
Seats 80 seats 104 seats
Location southern portion northeast corner
Building Height 22 feet 22 feet
Parking Spaces
48 spaces
(46 standard [including one electric] and 2
handicap)
49 spaces
(47 standard [including two electric] and
two handicap)
Bicycle Storage 12-bicycle rack at front of restaurant 12-bicycle rack at front of restaurant
Drive Thru-Lanes
Location southeast/southern western/northern/eastern
Stacking/Queuing 17 vehicles 21 vehicles
Landscaped Area 8,363 square feet 8,164 square feet
Tree Removal 8 trees 18 trees
Pedestrian Access Striped pathways from Main Street and
Almond Avenue to the restaurant building
Direct access from Almond Avenue and
Main Street; striped pathways from parking
areas to building
Site Access Two full access driveways at Main Street and
Almond Avenue
One full access driveway at Main Street
and one egress-only driveway at Almond
Avenue
Overall, when compared to the previous site plan, the revised site plan would develop a slightly
smaller restaurant building (36 fewer square feet) with 24 additional seats located in the
northeast corner of the site. The drive-thru lanes would wrap around the central parking area in
the northern portion of the site (rather than the southern) and provide four additional vehicle
stacking spaces compared to the previous site plan. The revised site plan would also provide
one additional parking space on-site and convert the Almond Avenue driveway from a full
access driveway to an egress-only driveway. The revised landscape plan involves removing all
18 site perimeter palms (compared to eight trees removed under the previous plan) but would
replace them with new ornamental trees, shrubs, and groundcover.
All previously identified agreements, permits, and approvals identified in the Draft IS/MND
remain unchanged.
IMPACTS RESULTING FROM MODIFICATIONS TO THE PROJECT
Potential environmental impacts resulting from the proposed modifications to the previous site
plan are presented below. Overall, the proposed modifications would result in little or no
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discernible environmental effects not previously considered in the Draft IS/MND, and do not
substantially or fundamentally alter the conclusions or findings of the Draft IS/MND relative to
the project’s potential environmental effects or proposed mitigation measures.
Implementation of these project modifications would not result in any new improvements outside
of the project boundaries and proposed grading activities would be similar to the original project.
Further, the proposed modifications would result in less building square footage. As such, the
following environmental topical areas would not change as a result of the project modifications:
• Agriculture and Forestry Resources;
• Air Quality;
• Biological Resources;
• Cultural Resources;
• Geology and Soils;
• Greenhouse Gas Emissions;
• Hazards and Hazardous Materials;
• Mineral Resources;
• Population and Housing;
• Public Services;
• Recreation;
• Tribal Cultural Resources; and
• Utilities and Service Systems.
The topical areas of Aesthetics, Hydrology and Water Quality, Land Use and Planning, Noise,
and Transportation/Traffic are discussed in further detail below.
Aesthetics
The Draft IS/MND determined that the proposed project would result in less than significant
construction and operational impacts related to aesthetics and light/glare.
Construction
The revised project would involve demolition, site preparation, and construction activities similar
to those analyzed in the Draft IS/MND. The slightly smaller restaurant building, additional
parking space, and redesigned drive-thru lanes would not require a change in construction
activities. Thus, short-term construction activities associated with the revised project would not
substantially degrade the existing visual character or quality of the site and its surroundings or
result in any significant light/glare impacts beyond those analyzed in the Draft IS/MND.
Operations
The revised project does not propose major changes to the restaurant’s size, operation,
architectural building elements, height, or landscaping. The restaurant building would slightly
decrease in size by 36 square feet. These nominal modifications would not result in any new
aesthetic impacts. Additionally, the building would remain 22 feet in height with the same
proposed architectural building elements as previously analyzed in the Draft IS/MND, including
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brick veneer, dark bronze parapets, awning and other metal storefront features, and gray,
charcoal, and sand colored stucco, along with restaurant identification signage.
While the revised site plan would remove all 18 site perimeter trees on-site (compared to eight
removed trees under the previous site plan), new trees, shrubs, and groundcover would be
planted along the site and building perimeters, within the parking lot area, and along the drive-
thru pathways; refer to Exhibit 2-2.
The relocated building at the northeast corner of the site would make it a prominent structure at
the intersection of Main Street and Almond Avenue. This redesign would alter the visual
character of the project site in a beneficial manner to more closely meet the intended goals of
the Southwest Project Area Design Standards for the South Main/La Veta Thematic District.
For example, the revised site plan design provides street presence along Main Street and
Almond Avenue with the relocated building adjacent to the main roadways and the parking lot
placed in the rear of the site. This creates a more pedestrian- and street-oriented environment
with direct linkages to transit and pedestrian sidewalks within the mixed-use designated area.
The relocated building would also be more consistent with existing buildings in the project area
that are located along the street frontages (rather than the rear). In addition, by placing the
restaurant adjacent to existing sidewalks, the potential for on-site pedestrian/vehicle conflicts
would be reduced compared to the previous site plan which required patrons to walk across the
parking lot from the public sidewalk to enter the restaurant. As further analyzed under ‘Land
Use and Planning,’ the revised site plan would remain consistent with the General Plan, Zoning
Code, and Southwest Project Area.
As on-site lighting and hours of operations of the Chick-fil-A restaurant would remain the same,
operational light and glare impacts associated with the revised site plan would be similarly less
than significant.
Overall, the revised site plan would not result in any new, different, or potentially adverse
aesthetic/light and glare impacts not previously considered and addressed in the Draft IS/MND.
Hydrology and Water Quality
The Draft IS/MND concluded that development of the proposed project would result in less than
significant impacts upon implementation of existing regulations, proposed drainage
improvements, and best management practices (BMPs).
Construction
Similar to the previous site plan, construction activities associated with the revised site plan
would be required to comply with Municipal Code Chapter 7.01, Water Quality and Stormwater
Discharges, which includes conditions and requirements established by the City related to the
control of urban pollutants to stormwater runoff. Additionally, the Final Priority Water Quality
Management Plan (Revised WQMP), prepared by Joseph C. Truxaw & Associates, Inc. and
dated November 14, 2019, includes required construction-related BMPs that would reduce
water quality impacts in this regard; refer to Appendix F-1, Revised Hydrology and Water
Quality Reports.
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Operations
As detailed in the Revised WQMP, the revised site plan would require non-structural best
management practices (BMPs), such as education materials for property owners, tenants, and
occupants; activity restrictions; common area landscape management; BMP maintenance;
common area litter control; employee training; common area catch basin inspection; and street
sweeping private streets and parking lots. Structural BMPs detailed in the revised WQMP
include providing storm drain system stenciling and drainage; designing and constructing trash
and waste storage areas; using efficient irrigation systems and landscaping designs; and
incorporating wash water control for food preparation areas.
Additionally, the Drainage Study (Revised Drainage Study), prepared by Joseph C. Truxaw &
Associates, Inc., dated November 14, 2019, analyzes the revised site plan’s impacts related to
hydrology; refer to Appendix F-1. The revised site plan would similarly install an underground
infiltration system sized and designed to capture stormwater flow in underground storage tanks
on-site. According to the Revised Drainage Study, and as detailed in Table 2-2, Proposed
Drainage Comparison, under the 25-year storm event, the revised site plan would result in a
reduction of 0.20 cubic feet per second (cfs) of stormwater flow (5.7 percent decrease)
compared to existing conditions.
In comparison, the previous site plan would result in a slight increase of 0.03 cfs of stormwater
flow (0.9 percent increase) compared to existing conditions during the 25-year storm event.
Therefore, the revised site plan would slightly improve on-site drainage compared to the
previous site plan. Overall, the revised project would similarly be subject to existing
requirements of the National Pollutant Discharge Elimination System permit (including approval
of the Revised WQMP), the County’s Drainage Area Management Plan, and Municipal Code
Chapter 7.01, Water Quality and Stormwater Discharges.
Table 2-2
Proposed Drainage Comparison
25-Year Storm Event
Existing Conditions Post-Development Conditions1 Change
Previous Site Plan
(Draft IS/MND) 3.49 cfs 3.52 cfs +0.03 cfs
Revised Site Plan
(Final IS/MND) 3.49 cfs 3.29 cfs -0.20 cfs
Notes: cfs = cubic feet per second
1. Post-development conditions would only result in runoff when flows exceed the capacity of the underground infiltration system. Typical dry flows would not
result in any discharge.
Sources:
Joseph C. Truxaw & Associates, Inc., Drainage Study, dated June 26, 2018; refer to Draft IS/MND Appendix 8.5, Hydrology and Water Quality Reports.
Joseph C. Truxaw & Associates, Inc., Drainage Study, dated November 14, 2019; refer to Appendix F-1.
Thus, the modifications to the previous project would not result in any new, different, or
potentially adverse hydrology and water quality impacts not previously considered and
addressed in the Draft IS/MND.
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Land Use and Planning
The Draft IS/MND determined that potential impacts to land use and planning would be less
than significant.
General Plan Consistency
The nominal decrease in building size from 4,563 square feet to 4,527 square feet would result
in a similar 0.11 floor area ratio (FAR) as analyzed in the Draft IS/MND. Thus, the revised site
plan would similarly comply with the maximum FAR limit of 1.0 for the proposed General
Commercial (CG) land use designation.
The revised site plan would also help meet several General Plan policies more closely than the
previous site plan. For example, Land Use Element Policy 1.6 encourages minimizing the
effects of new development on the privacy and character of surrounding neighborhoods, Policy
2.6 promotes linkages in and around mixed-use areas using a multi-modal circulation network,
and Policy 3.3 supports improved vehicular, pedestrian, and visual connections between
commercial areas and the rest of the community. The relocation of the proposed restaurant to
the northeast corner of the site would improve pedestrian and visual connections between the
restaurant and passing pedestrians, bicyclists, and vehicles traveling along adjacent sidewalks
and roadways. The relocated restaurant would have entrances along its northern and eastern
sides open to the pedestrian sidewalks along Almond Avenue and Main Street, respectively, as
well as bicycle storage at the front of the building. Additionally, the redesigned drive-thru lanes
would provide additional stacking space for a total of 21 vehicles and redirect drive-thru queuing
to occur on-site within the parking lot rather than potentially spilling over onto Almond Avenue
as previously proposed; refer to Exhibit 2-1.
Additionally, Circulation and Mobility Element Policy 1.7 supports the consolidation of driveways
along roadways that provide access to commercial uses to minimize side street interruption and
promote smooth traffic flows. The conversion of the Almond Avenue driveway into an egress-
only point eliminates the potential for drive-thru queuing and overflow onto Almond Avenue to
ensure continued traffic flow.
Urban Design Element Policy 1.5 emphasizes street-oriented development with parking located
behind or next to buildings rather than in front, and Policy 2.1 promotes the transformation of
corridors, such as Main Street, into active, pedestrian-friendly streets that balance auto, transit,
and pedestrian mobility. The revised site plan would allow for more street presence by
relocating the restaurant to face the sidewalks along Main Street and Almond Avenue and
placing the parking lot in the southern (rear) portion of the site. Pedestrians would also have
direct access to the Chick-fil-A restaurant with northern and eastern entrances opening directly
to the adjacent sidewalks.
Zoning Code Consistency
Similar to the site plan analyzed in the Draft IS/MND, the revised project would be consistent
with all General Business (C-2) zoning requirements. Minor site plan modifications include an
additional parking space (49 total spaces) and reduced setbacks from Main Street and Almond
Avenue compared to the previous site plan. The relocated restaurant building would have an
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approximately 27-foot front yard setback from Almond Avenue and 18-foot side yard setback
from Main Street, which meets the 10-foot minimum setback requirements for C-2 zones.
Additionally, the revised landscape plan illustrated on Exhibit 2-2 would be required to meet the
C-2 zoning landscaping requirements. As detailed in Draft IS/MND Table 4.10-3, City of Orange
Zoning Code Consistency Analysis, C-2 zoned properties are required to landscape the entire
front yard setback area or at least a ten-foot minimum planter width, whichever is greater;
screen parking areas visible from public streets with five-gallon shrubs at three feet on center;
screen trash enclosures with a minimum four-foot wide landscaped planter on at least two sides;
and plant trees throughout the project site within all parking areas and along all property lines
with large tree specimens encouraged along the street frontages and shrubs encouraged
throughout the project site. As shown on Exhibit 2-2, landscaping would be planted along the
project’s front and side yards adjacent to Main Street and Almond Avenue, including southern
magnolia trees, New Zealand flax, coast rosemary, agave, variegated flax lily, black anther flax
lily, and fountain grass. The proposed trees would be 36-inch boxes and the shrubs would be
five gallons in size and appropriately spaced to screen the parking area. Saratoga laurel trees
are also proposed along Almond Avenue as street trees, consistent with the Southwest Project
Area Design Standards. Additionally, the proposed trash enclosure located in the central
portion of the parking lot would be screened with coast rosemary, fern pine, fortnight lily, and
south African jasmine vines on two sides of the enclosure. As illustrated, additional trees and
shrubs, including strawberry trees, crape myrtle trees, kangaroo paw, and canyon prince wild
rye, are proposed along the site and building perimeters and are randomly scattered throughout
the parking lot areas.
Southwest Project Area Consistency
Based on feedback provided by the City’s Design Review Committee, the Applicant prepared
the revised site plan to better meet the Southwest Project Area Design Standards. Specifically,
the proposed building was relocated to the front of the project site at the intersection of Main
Street and Almond Avenue to enhance the project’s overall street presence and pedestrian-
oriented design, and the parking lot was placed in the rear. Pedestrian access would be short
and direct, with restaurant doors accessed from both Main Street and Almond Avenue; refer to
Exhibit 2-1. As stated above, the relocated building would also be more consistent with existing
buildings in the project area that are located along the street frontages (rather than the rear). In
addition, by placing the restaurant adjacent to existing sidewalks, potential for on-site
pedestrian/vehicle conflicts would be reduced compared to the previous site plan, which
required patrons to walk across the parking lot from the public sidewalks to enter the restaurant.
The parking lot and drive-thru lanes would also be shielded from public view on Almond Avenue
by dense landscaping on-site consisting of 36-inch box southern magnolia trees, one-gallon
stonecrop groundcover that grows to approximately one foot in height and five-gallon coast
rosemary that grows to approximately four to six feet in height at maturity. Saratoga laurel trees
(24-inch boxes) are also proposed as street trees along Almond Avenue, which meets the
Southwest Project Area Design Standards requirement related to secondary street frontage
zones; refer to Exhibit 2-2.
While the relocated building would result in reduced setbacks, the revised site plan would
continue to meet the applicable setback requirements. As detailed in the Southwest Project
Area Design Standards, primary street frontage zones (including Main Street) are required to
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provide a 16-foot setback from street curb to the building wall. The revised site plan would
provide an approximate 18-foot setback from Main Street.
Overall, the revised site plan is intended to better align with the goals of the Southwest Project
Area and the South Main/La Veta Thematic District. As such, the revised site plan would be
consistent with the Southwest Project Area Design Standards and would not result in any new
significant impacts.
Requested Entitlements
Implementation of the revised project would similarly require a General Plan Amendment, Zone
Change, Environmental Review, Conditional Use Permit, Design Review, Minor Site Plan
Review, and Tree Removal Permit, as analyzed in the Draft IS/MND.
Overall, the revised site plan involves several project modifications that would result in either
nominal or beneficial impacts related to land use and planning. No new, different, or potentially
adverse land use impacts not previously considered and addressed in the Draft IS/MND would
occur.
Noise
The Draft IS/MND determined that the project’s construction and operational noise impacts
would result in less than significant impacts with implementation of Mitigation Measure NOI-1.
Construction
While the revised site plan would relocate the proposed building to the northeast corner of the
site, construction activities on-site would result in similar noise impacts. Construction of the
revised project would be required to comply with Municipal Code Chapter 8.24, Noise Control,
which limits construction activities to between the hours of 7:00 a.m. and 8:00 p.m. on any day
except for Sundays and Federal holidays, and between the hours of 9:00 a.m. and 8:00 p.m. on
Sundays and Federal holidays. Additionally, implementation of Mitigation Measure NOI-1 would
require construction equipment to be equipped with properly operating and maintained mufflers
and other State required noise attenuation devices. Thus, similar to the previous site plan, a
less than significant noise impact would result from construction activities associated with the
revised project.
Operations
Operational noise impacts from mobile and stationary noise sources associated with the revised
project would also be less than significant. The revised project would construct a slightly
smaller Chick-fil-A restaurant and generate approximately 1,599 average daily trips (ADT); refer
to ‘Transportation/Traffic.’ In comparison, the previous site plan would generate approximately
1,612 ADT. As such, the revised project would generate a nominal decrease in ambient noise
conditions from mobile sources. Stationary noise sources associated with the proposed Chick-
fil-A restaurant include mechanical equipment, delivery trucks, parking lot activities, and drive-
thru operations. These operational activities would occur similar to the previous site plan
analyzed in the Draft IS/MND. However, the revised site plan relocates the drive-thru lanes
towards the northern portion of the site (rather than the southern). Therefore, the drive-thru
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speaker boxes would be located along the northern boundary of the site near Almond Avenue;
refer to Exhibit 2-1. Nevertheless, noise generated by active drive-thru operations would largely
be masked by vehicular traffic noise along Almond Avenue and Main Street. The speaker
boxes would also include volume control technology that adjusts the outbound volume based on
outdoor ambient noise levels. Thus, similar to the previous site plan, operational noise impacts
associated with the revised project’s relocated drive-thru operations would be less than
significant.
Overall, the revised project would not result in any new, different, or potentially adverse noise
impacts not previously considered and addressed in the Draft IS/MND.
Transportation/Traffic
The Draft IS/MND concluded that construction and operations of the proposed project would
result in less than significant transportation impacts with implementation of Mitigation Measure
TRA-1.
Trip Generation
Linscott Law & Greenspan Engineers (LLG) prepared the Traffic Impact Analysis Chick-fil-A
Main Street Project, Orange, California (Revised Traffic Impact Analysis), dated November 13,
2019; refer to Appendix F-2, Revised Traffic Reports.
The revised project would construct a slightly smaller Chick-fil-A restaurant with 36 fewer square
feet, which is a nominal 0.8 percent decrease in building size. Thus, as detailed in the Revised
Traffic Impact Analysis, the revised project would generate approximately 1,599 ADT, with 93
trips during the a.m. peak hour and 74 trips during the p.m. peak hour; refer to Table 2-3,
Revised Project Trip Generation. In comparison, this would be a decrease in ADT compared to
the previous site plan, which generated 1,612 ADT.
Table 2-3
Revised Project Trip Generation
ITE Land Use Code/Project Description Daily 2-Way AM Peak Hour PM Peak Hour
Enter Exit Total Enter Exit Total
Generation Factors:
934: Fast-Food Restaurant with Drive-Thru
(TE/1,000 square feet)1 470.95 20.50 19.69 40.19 16.99 15.68 32.67
Generation Forecast:
Chick-fil-A Restaurant with Drive-Thru (4,527
square feet) 2,132 93 89 182 77 71 148
Pass-By (Daily 25%; AM 49%; PM 50%)2 -533 -46 -43 -89 -39 -35 -74
Subtotal 1,599 47 46 93 38 36 74
Total Traffic Generation Forecast 1,599 47 46 93 38 36 74
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 2-13 Revisions to Information Presented
in the Draft IS/MND
Table 2-3 (continued)
Revised Project Trip Generation
Notes:
1. TE/1,000 square feet = trip end per thousand square feet
2. Pass-By adjustments account for trips that are already in the everyday traffic stream on the adjoining streets (i.e. Main Street and Almond
Avenue) and will stop as they pass by the project site as a matter of convenience on their path to another destination.
Source: Linscott Law & Greenspan Engineers, Traffic Impact Analysis Chick-fil-A Main Street Project, Orange, California, November 13,
2019; refer to Appendix F-2.
The revised site plan would modify the Almond Avenue driveway into an egress-only driveway,
which slightly modifies the project’s traffic distribution pattern; refer to Revised Traffic Impact
Analysis Figure 5-1, Project Traffic Distribution Pattern. However, similar to the previous site
plan, the revised site plan would not result in any significant traffic impacts at the study
intersections or roadway segments under existing conditions and opening year; refer to Revised
Traffic Impact Analysis Tables 8-1, Existing Plus Project Peak Hour Intersection Capacity
Analysis, 8-2, Existing Plus Project Roadway Segment Level of Service Summary, 9-1, Year
2021 Peak Hour Intersection Capacity Analysis, and 9-2, Year 2021 Roadway Segment Level of
Service Summary. No new impacts would result and no new mitigation is required.
Drive-Thru Queuing
LLG also prepared the Updated On-Site Transportation Circulation & Queuing Management
Plan – Chick-fil-A Main Street, Orange (Revised Circulation Management Plan), dated
November 14, 2019; refer to Appendix F-2.
The Revised Circulation Management Plan evaluated drive-thru queuing impacts of the revised
site plan. The relocation of the building and redesign of the drive-thru lanes would increase
available stacking in the drive-thru lanes by four additional vehicles. Therefore, based on the
study sites analyzed in the Revised Traffic Impact Analysis, the 85th percentile expected
queues (six to 15 vehicles) and 95th percentile expected queues (15 to 17 vehicles) can be
accommodated within the redesigned drive-thru lanes that provide 21 stacking spaces; refer to
Exhibit 2-3, Revised Circulation Plan. As shown on Exhibit 2-3, a bypass lane is also provided
adjacent to the end of the drive-thru lane to allow employees to distribute orders to one or more
vehicles directly behind the vehicle at the pick-up window, should the front vehicle have a large
order that takes additional time to complete. Further, it should be noted that the east-west drive
aisle along the front of the restaurant is not considered a fire lane, therefore, queuing within the
drive aisle is acceptable. Directional signage near the drive-thru exit would indicate an exit via
Almond Avenue as an option as well. Compared to the previous drive-thru design, the
redesigned drive-thru lanes would accommodate four additional vehicles, direct overflow
vehicles to queue within the parking lot, and eliminate potential queueing impacts on Almond
Avenue. Thus, the revised site plan would result in a beneficial impact regarding on-site
circulation and drive-thru queuing.
Exhibit 2-3
Revised Circulation Plan
NOT TO SCALE
12/19 | JN 166516
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NO. 1858-18
Source: Linscott Law & Greenspan Engineers, 2019.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 2-15 Revisions to Information Presented
in the Draft IS/MND
The Draft IS/MND includes Mitigation Measure TRA-1, which requires implementation of an on-
site transportation circulation plan. As stated, on-site circulation impacts were revaluated in the
Revised Circulation Management Plan which determined that queuing beyond 20 vehicles
would require implementation of Mitigation Measure TRA-1. As such, Mitigation Measure TRA-
1 is revised as shown below and also reflected in Section 4.0, Mitigation Monitoring and
Reporting Program. Additions are shown in double-underline and deletions are shown in
strikeout.
TRA-1 The applicant shall implement the proposed on-site transportation circulation plan
detailed in the Updated On-Site Transportation Circulation & Queuing Management
Plan – Chick-fil-A Main Street, Orange, dated November 14May 20, 2019 and
prepared by Linscott Law & Greenspan Engineers, which requires Chick-fil-A staff to
monitor vehicle queuing in the drive-thru lanes to ensure queued vehicles do not
block vehicular circulation within the parking lot and at the Almond Avenue driveway.
Should queueing occur beyond the available vehicle storage (2017 vehicles), team
members shall go out to the drive-thru lanes and take orders with hand held ordering
and payment devices to increase ordering and payment efficiency and reduce
queues. Should the vehicle queue extend onto Almond Avenue, Chick-fil-A staff
shall direct customers to utilize the Main Street access to enter the drive -thru lane.
Chick-fil-A management shall also direct staff to park in the stalls closest to the drive-
thru entrance along Almond Avenue, allowing stacking, if needed.
This change is a minor update to Mitigation Measure TRA-1 for clarification and consistency
with the revised on-site transportation circulation plan and does not reflect any new impacts
associated with the revised site plan.
Site Access
The revised site plan converts the two-way driveway along Almond Avenue into an egress-only
driveway; the two-way driveway along Main Street would remain unchanged. As detailed in
Revised Traffic Impact Analysis Table 10-1, Project Driveway Peak Hour Levels of Service
Summary, the two project driveways would operate at adequate levels of service during peak
hours. Additionally, the conversion of the Almond Avenue driveway into egress-only would
lessen potential traffic impacts on the secondary street and redirect entry to the site onto Main
Street.
Overall, the revised project would not result in any new, different or potentially adverse
transportation impacts not previously considered and addressed in the Draft IS/MND.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 2-16 Revisions to Information Presented
in the Draft IS/MND
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PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 3-1 Response to Comments
3.0 RESPONSE TO COMMENTS
The following is a list of the persons, firms, or agencies that submitted comments on the Draft
Initial Study/Mitigated Negative Declaration (IS/MND) during the public review period:
Comment
Letter
No.
Person, Firm, or Agency Letter Dated
1
Scott Morgan, Director
State Clearinghouse and Planning Unit
Governor’s Office of Planning and Research
September 30, 2019
The number designations in the responses are correlated to the bracketed and identified portions
of the comment letter.
67$7(2)&$/,)251,$
Governor’s Office of Planning and Research
State Clearinghouse and Planning Unit
1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044
TEL 1-916-445-0613 state.clearinghouse@opr.ca.gov www.opr.ca.gov
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COMMENT LETTER NO. 1
1-1
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 3-3 Response to Comments
Response No. 1
Mr. Scott Morgan, Director
State Clearinghouse and Planning Unit
Governor’s Office of Planning and Research
September 30, 2019
1-1 The commenter indicates that the State Clearinghouse submitted the Draft IS/MND to
selected State agencies for review, and that the comment period for the Draft IS/MND
concluded on September 27, 2019 for State agencies. The comment indicates that
the lead agency complied with the review requirements for draft environmental
documents pursuant to CEQA, and that no State agencies have submitted comments
to the State Clearinghouse. As such, the comment does not provide specific
comments regarding information presented in the Draft IS/MND and no further
response is necessary.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 3-4 Response to Comments
This page intentionally left blank.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 4-1 Mitigation Monitoring and Reporting Program
4.0 MITIGATION MONITORING
AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that when a public agency completes
an environmental document which includes measures to mitigate or avoid significant
environmental effects, the public agency must adopt a reporting or monitoring plan. This
requirement ensures that environmental impacts found to be significant will be mitigated. The
reporting or monitoring plan must be designed to ensure compliance during project
implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, Table 1, Mitigation Monitoring and
Reporting Checklist, has been prepared for the proposed Chick-fil-A Drive-Thru Restaurant (the
“project”). This Mitigation Monitoring and Reporting Checklist is intended to provide verification
that all applicable mitigation measures relative to significant environmental impacts are monitored
and reported. Monitoring will include: 1) verification that each mitigation measure has been
implemented; 2) recordation of the actions taken to implement each mitigation measure; and 3)
retention of records in the City’s Chick-fil-A Drive-Thru Restaurant project file.
This Mitigation Monitoring and Reporting Program (MMRP) delineates responsibilities for
monitoring the project, but also allows the City flexibility and discretion in determining how best to
monitor implementation. Monitoring procedures will vary according to the type of mitigation
measure. Adequate monitoring consists of demonstrating that monitoring procedures took place
and that mitigation measures were implemented. This includes the review of all monitoring
reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation
Monitoring and Reporting Checklist (Table 1). If an adopted mitigation measure is not being
properly implemented, the designated monitoring personnel shall require corrective actions to
ensure adequate implementation.
Reporting consists of establishing a record that a mitigation measure is being implemented, and
generally involves the following steps:
• The City distributes reporting forms to the appropriate entities for verification of
compliance.
• Departments/agencies with reporting responsibilities will review the Initial Study/Mitigated
Negative Declaration, which provides general background information on the reasons for
including specified mitigation measures.
• Problems or exceptions to compliance will be addressed to the City as appropriate.
• Periodic meetings may be held during project implementation to report on compliance of
mitigation measures.
• Responsible parties provide the City with verification that monitoring has been conducted
and ensure, as applicable, that mitigation measures have been implemented. Monitoring
compliance may be documented through existing review and approval programs such as
field inspection reports and plan review.
• The City prepares a reporting form periodically during the construction phase and an
annual report summarizing all project mitigation monitoring efforts.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 4-2 Mitigation Monitoring and Reporting Program
• Appropriate mitigation measures will be included in construction documents and/or
conditions of permits/approvals.
Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be
permitted after further review and approval by the City. Such changes could include reassignment
of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements,
and/or modification, substitution or deletion of mitigation measures subject to conditions described
in CEQA Guidelines Section 15162. No change will be permitted unless the MMRP continues to
satisfy the requirements of Public Resources Code Section 21081.6.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 4-3 Mitigation Monitoring and Reporting Program
Table 1
Mitigation Monitoring and Reporting Checklist
Number
Standard Condition/
Condition of Approval/
Mitigation Measure
Implementation
Responsibility Timing Monitoring
Responsibility Timing
Verification of Compliance
Initials Date Remarks
AIR QUALITY
AQ-1
Prior to issuance of any Grading Permit,
the City Engineer shall confirm that the
Grading Plan and specifications
stipulate that, in compliance with
SCAQMD Rule 403, excessive fugitive
dust emissions shall be controlled by
regular watering or other dust prevention
measures, as specified in the
SCAQMD’s Rules and Regulations. In
addition, the City Engineer shall confirm
that the Grading Plans and
specifications comply with SCAQMD
Rule 402, which requires
implementation of dust suppression
techniques to prevent fugitive dust from
creating a nuisance off-site. The
following measures shall be
implemented to reduce short-term
fugitive dust impacts on nearby sensitive
receptors:
• All active portions of the
construction site shall be watered
during daily construction activities
and when dust is observed
migrating from the project site to
prevent excessive amounts of dust.
Applicant;
Contractor
Prior to
Issuance of a
Grading
Permit/
During
Earthwork
Activities
City Engineer
Prior to
Issuance of a
Grading
Permit/
During
Earthwork
Activities
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-4 Mitigation Monitoring and Reporting Program
The Applicant shall submit a
watering plan to control fugitive
dust;
• Pave or apply water every three
hours during daily construction
activities or apply non-toxic soil
stabilizers on all unpaved access
roads, parking areas, and staging
areas. More frequent watering shall
occur if dust is observed migrating
from the site during site disturbance;
• Any on-site stockpiles of debris, dirt,
or other dusty material shall be
enclosed, covered, or watered twice
daily, or non-toxic soil binders shall
be applied;
• All grading and excavation
operations shall be suspended
when wind speeds exceed 25 miles
per hour;
• Disturbed areas shall be replaced
with ground cover or paved
immediately after construction is
completed in the affected area;
• Track-out devices such as gravel
bed track-out aprons (3 inches
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-5 Mitigation Monitoring and Reporting Program
deep, 25 feet long, 12 feet wide per
lane and edged by rock berm or row
of stakes) shall be installed to
reduce mud/dirt trackout from
unpaved truck exit routes.
Alternatively, a wheel washer shall
be used at truck exit routes;
• On-site vehicle speeds shall be
limited to 15 miles per hour;
• All material transported off-site shall
be either sufficiently watered or
securely covered to prevent
excessive amounts of dust prior to
departing the job site; and
• Trucks associated with soil-hauling
activities shall avoid residential
streets and utilize City-designated
truck routes to the extent feasible.
BIOLOGICAL RESOURCES
BIO-1
In the event that vegetation and tree
removal should occur between January
15 and September 15, the project
applicant shall retain a qualified biologist
to conduct a nesting bird survey no more
than three days prior to commencement
of construction activities. The biologist
conducting the clearance survey shall
document the negative results if no
Applicant;
Qualified
Biologist;
Contractor
Prior to
Construction/
During
Construction
Community
Development
Department
Prior to
Issuance of a
Grading
Permit/During
Construction
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-6 Mitigation Monitoring and Reporting Program
active bird nests are observed on the
project site or within the vicinity during
the clearance survey with a brief letter
report, submitted to the City of Orange
Community Development Department
prior to construction, indicating that no
impacts to active bird nests would occur
before construction can proceed. If an
active avian nest is discovered during
the pre-construction clearance survey,
construction activities shall stay outside
of a 300-foot buffer around the active
nest. For listed and raptor species, this
buffer shall be 500 feet. A biological
monitor shall be present to delineate the
boundaries of the buffer area and to
monitor the active nest to ensure that
nesting behavior is not adversely
affected by the construction activity.
Prior to the commencement of
construction activities and the issuance
of any permits, results of the pre-
construction survey and any subsequent
monitoring shall be provided to the City
of Orange Community Development
Department, California Department of
Fish and Wildlife and other appropriate
agencies.
CULTURAL RESOURCES
CUL-1
Prior to the issuance of a grading permit,
the Applicant shall provide written
evidence to the Community
Applicant;
Qualified
Prior to
Issuance of a
Grading
Community
Development
Department
Prior to the
issuance of a
Grading
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-7 Mitigation Monitoring and Reporting Program
Development Department that the
Applicant has retained a qualified
archaeologist meeting the Secretary of
the Interior’s Professional Qualification
Standards for archaeology (National
Park Service 1983) to respond on an as-
needed basis to address unanticipated
archaeological discoveries.
In the event that archaeological
resources are encountered during
ground-disturbing activities, work in the
immediate area shall be halted, and the
qualified archaeologist shall be
contacted immediately to evaluate the
resources. If the archaeologist
determines that they are unique
archaeological resources as defined by
Public Resources Code Section
21083.2, the archaeologist shall make
recommendations on the treatment of
the resources. The recommendations
shall be developed in accordance with
applicable provisions of Public
Resources Code Section 21083.2 and
CEQA Guidelines 15064.5 and 15126.4.
The Applicant shall follow all
recommendations made by the
archaeologist. The final written report
containing site forms, site significance,
and mitigation measures shall be
submitted immediately to the
Archaeologist;
Contractor
Permit/
During
Earthwork
Activities
Permit/
During
Earthwork
Activities
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-8 Mitigation Monitoring and Reporting Program
Community Development Department.
All information regarding site locations,
Native American human remains, and
associated funerary objects shall be
provided in a separate confidential
addendum and not be made available
for public disclosure. The final written
report shall be submitted to the
appropriate regional archaeological
Information Center within three months
after work has been completed.
CUL-2
Prior to the issuance of a grading permit,
the Applicant shall provide written
evidence to the Community
Development Department that the
Applicant has retained a qualified
paleontologist (B.S./B.A. in geology, or
related discipline with an emphasis in
paleontology and demonstrated
experience and competence in
paleontological research, fieldwork,
reporting, and curation) to respond on an
as-needed basis to address
unanticipated archaeological
discoveries.
In the event that paleontological
resources are encountered during
ground-disturbing activities, all
construction activities in the vicinity of
the find shall halt until the qualified
paleontologist identifies the
Applicant;
Qualified
Paleontologist;
Contractor
Prior to
Issuance of a
Grading
Permit/
During
Earthwork
Activities
Community
Development
Department
Prior to the
issuance of a
Grading
Permit/
During
Earthwork
Activities
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-9 Mitigation Monitoring and Reporting Program
paleontological significance of the find
and recommends a course of action.
Construction shall not resume until the
site paleontologist states in writing that
the proposed construction activities
would not significantly damage
paleontological resources.
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1
Prior to the issuance of a grading permit,
the applicant shall provide written
evidence to the Community
Development Department that the
applicant has retained a qualified Phase
II/Site Characterization Specialist to
perform soil sampling of all export and
import soils to confirm no hazardous
materials contamination is present.
Should contamination be present above
regulatory thresholds, use of those soils
shall be conducted in accordance with
existing Federal, State, and local laws
and regulations.
Applicant;
Qualified Phase
II/Site
Characterization
Specialist
Prior to
Issuance of a
Grading
Permit
City of Orange
Community
Development
Department
Prior to
Issuance of a
Grading
Permit
HAZ-2
Grading plans, approved by the City
Engineer, shall indicate that prior to and
during structure demolition, a licensed
asbestos technician shall perform
abatement planning, monitoring,
oversight, and reporting. Visual
inspection clearance shall be completed
by the licensed asbestos technician prior
demolition to ensure asbestos materials
have been removed from the structure.
Applicant;
Contractor;
Licensed
Asbestos
Technician
Prior To and
During
Structure
Demolition
City Engineer
Prior to
Issuance of a
Grading
Permit; Prior
To and
During
Structure
Demolition
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-10 Mitigation Monitoring and Reporting Program
HAZ-3
Grading plans, approved by the City
Engineer, shall indicate that prior to, and
during structure demolition, a lead
certified professional shall conduct in-
place management work of lead based
materials surfaces reported above the
Occupational Safety and Health
Administration (OSHA) Limit of
Detection and are scheduled for
demolition, and ensure proper
preparation, abatement, and disposal.
Applicant; Lead
Certified
Professional;
Contractor
Prior To and
During
Structure
Demolition
City Engineer
Prior to
Issuance of a
Grading
Permit; Prior
To and
During
Structure
Demolition
NOISE
NOI-1
Prior to the issuance of a grading permit,
the Applicant shall demonstrate, to the
satisfaction of the Orange Public Works
Department that the project complies
with the following:
• Construction contracts specify that
all construction equipment, fixed or
mobile, shall be equipped with
properly operating and maintained
mufflers and other state required
noise attenuation devices.
• Construction haul routes shall be
designed to avoid noise sensitive
uses (e.g., residences,
convalescent homes, etc.), to the
extent feasible.
Applicant;
Contractor
Prior to
Issuance of a
Grading
Permit/
During
Construction
Public Works
Department
Prior to
Issuance of a
Grading
Permit/
During
Construction
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-11 Mitigation Monitoring and Reporting Program
• During construction, stationary
construction equipment shall be
placed such that emitted noise is
directed away from sensitive noise
receivers.
• Construction activities shall not take
place outside of the allowable hours
specified by the City's OMC, Section
8.24.050 (7:00 a.m. and 8:00 p.m.
on any day except for Sunday or a
Federal holiday, or between the
hours of 9:00 a.m. and 8:00 p.m. on
Sunday or a Federal holiday. Noise
generated outside of the hours
specified are subject to the noise
standards identified in City of
Orange Municipal Code, Section
8.24.040).
TRANSPORTATION/TRAFFIC
TRA-1
The applicant shall implement the
proposed on-site transportation
circulation plan detailed in the Updated
On-Site Transportation Circulation &
Queuing Management Plan – Chick-fil-A
Main Street, Orange, dated November
14, 2019 and prepared by Linscott Law
& Greenspan Engineers, which requires
Chick-fil-A staff to monitor vehicle
queuing in the drive-thru lanes to ensure
queued vehicles do not block vehicular
Applicant During
Operations
Community
Development
Department
During
Operations
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-12 Mitigation Monitoring and Reporting Program
circulation within the parking lot. Should
queueing occur beyond the available
vehicle storage (21 vehicles), team
members shall go out to the drive-thru
lanes and take orders with hand held
ordering and payment devices to
increase ordering and payment
efficiency and reduce queues.
TRIBAL CULTURAL RESOURCES
TCR-1
A Native American monitor from a tribe
who is ancestrally related to the project
area (i.e., Native American Monitors of
Gabrieleno Ancestry) shall be retained
by the applicant to be on-site to monitor
all project-related, ground-disturbing
construction activities (e.g. pavement
removal, auguring, boring, grading,
excavation, potholing, trenching,
grubbing, and weed abatement) and
during all soil movement of previously
undisturbed soils. The monitor must be
approved by the Tribal Representatives
of the Gabrieleno Band of Mission
Indians – Kizh Nation (Tribe) and will be
represented on-site during the
construction phases that involve any
ground-disturbing activities. The Native
American monitor(s) are required to
complete monitoring logs on a daily
basis. The logs will provide descriptions
of the daily activities, including
construction activities, locations, soil,
Applicant;
Native American
Monitor
During
Ground-
Disturbing
Activities and
All Movement
of Previously
Undisturbed
Soils
Community
Development
Department
During
Ground-
Disturbing
Activities and
All Movement
of Previously
Undisturbed
Soils
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-13 Mitigation Monitoring and Reporting Program
and any cultural materials. Should there
be any hazardous concerns; the
monitor(s) shall possess Hazardous
Waste Operations and Emergency
Response certification. In addition, the
monitor(s) shall be required to provide
insurance certificates, including liability
insurance, for any archaeological
resource(s) encountered during grading
and excavation activities pertinent to the
provisions outlined in the California
Environmental Quality Act (CEQA). The
on-site monitoring shall end when either
the project site grading and excavation
activities are complete or the Tribal
Representative and monitor have
indicated the site has a low potential for
archaeological resources.
TCR-2
All archaeological resources unearthed
by project construction activities shall be
evaluated by the qualified archaeologist
and Native American monitor. If the
resources are Native American in origin,
the Tribe shall coordinate with the
landowner regarding treatment and
curation of these resources. Typically,
the Tribe will request reburial or
preservation for educational purposes.
If a resource is determined by the
qualified archaeologist to constitute a
“historical resource” pursuant to CEQA
Guidelines Section 15064.5(a) or is a
Applicant;
Qualified
Archaeologist;
Native American
Monitor
During
Construction
Community
Development
Department
During
Construction
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-14 Mitigation Monitoring and Reporting Program
“unique archaeological resource”
pursuant to Public Resource Code
(PRC) Section 21083.2(g), the qualified
archaeologist shall comply with
Mitigation Measure CUL-1. If the
resource(s) are not “unique” then no
further mitigation would be required.
TCR-3
Prior to the start of ground-disturbing
activities, the applicant shall designate a
feasible location within the project
footprint for the respectful reburial of any
human remains and/or ceremonial
objects discovered on-site.
In the event of the discovery of human
remains which are determined by the
County Coroner to be Native American,
the discovery is to be kept confidential
and secured to prevent any further
disturbance. In the case where
discovered human remains cannot be
fully documented and recovered on the
same day, the remains shall be covered
with muslin cloth and a steel plate that
can be moved by heavy equipment
placed over the excavation opening to
protect the remains. If this type of steel
plate is not available, a 24-hour guard
shall be posted outside of working hours.
The preferred method of treatment for
any discovery of Native American
Applicant;
Qualified
Archaeologist
Prior to
Ground-
Disturbing
Activities/
During
Construction
Community
Development
Department;
County Coroner
Prior to
Ground-
Disturbing
Activities/
During
Construction
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Table 1
Mitigation Monitoring and Reporting Checklist [Continued]
Final | December 2019 4-15 Mitigation Monitoring and Reporting Program
remains on-site is preserving the
remains in situ and protected. If the
project cannot be diverted to preserve
the remains in place, the Tribe shall work
closely with the qualified archaeologist
to develop a treatment plan for a careful,
ethical and respectful excavation of the
discovered remains. The treatment plan
will include, but is not limited to, data
recovery methods and removal and
reburial procedures. Once complete, a
final report of all activities shall be
submitted to the Tribe and the Native
American Heritage Commission
(NAHC). There shall be no publicity
regarding any cultural materials
recovered.
PROPOSED CHICK-FIL-A DRIVE-THRU RESTAURANT
Final Initial Study/Mitigated Negative Declaration No. 1858-18
Final | December 2019 4-16 Mitigation Monitoring and Reporting Program
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ITEM 11.1 – Chick-fil-A
Restaurant
Attachment No. 6,
Draft Mitigated Negative Declaration
No. 1858-18 Appendix F-1 and F-2,
are available for review in the City
Clerk’s Office or on the City’s website at:
https://www.cityoforange.org/292/Project
-NoticesRelated-Environmental-Doc