RES-11211 Chick-Fil-A at 202 S. Main StRESOLUTION NO. 112ll
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 3044-17, DESIGN REVIEW NO.
4909-17, MINOR SITE PLAN REVIEW NO. 0904-17,
ADMINISTRATIVE ADNSTMENT NO. 0271-20,
AND MITIGATED NEGATIVE DECLARATION NO.
1858-18 FOR THE CONSTRUCTION OF A 4,527
SQUARE FEET CHICK-FIL-A RESTAURANT
LOCATED AT 202 SOUTH MAIN STREET.
CONDITIONAL USE PERNIIT NO.3044-17
DESIGN REVIEW NO. 4909-17
MINOR SITE PLAN REVIEW NO. 0904-17
ADMINISTRATIVE ADJUSTMENT NO. 0271-20
MITIGATED NEGATIVE DECLARATION NO. 1858-18
APPLICANT: CHICK-FIL-A
WII REAS, the CiTy Council has authoriry per Orange Municipal Code (OMC)
17.08.020 to review and take action on Conditional Use Permit, Minor Site Plan Review, Design
Review, and Adminish ative Adjustment applications, and Mitigated Negative Declarations; and
WH REAS, the Land Use Element of the CiTy's General Plan establishes goals and
policies in the General Commercial (C-2) district designed to encourage and implement the
creation of high quality development; and
WH REAS, applications were filed by Chick-fil-A, in accordance with the provisions of
the OMC, for Conditional Use Permit No. 3044-17; De ign Review No. 4909-17; Minor Site
Plan Review No. 0904-17; Administrative Adjustment No. 0271-20; and Mitigated Negative
Declaration No. 1858-18 was submitted for approval, for the construction of a one-story, 4,527
squaze-foot Chick-fil-A restaurant building with a double drive-through lane and associated
surface pazking, landscaping, and utilities on a 41,672 square foot site (the Project) upon
property described in Attachment"A"to this Resolution; and
WHEREAS, the applications for the Project were processed in the time and manner
prescribed by state and local law; and
WHEREAS, Mitigated Negative Declaration No. 1858-18 was prepazed to evaluate the
physical environmental impacts oF the Project, in conformance with the provisions of the
Califomia Environmental Quality Act(CEQA) per State CEQA Guidelines Section 15070 and in
conformance with the Local CEQA Guidelines. The Mitigated Negative Declaration (MND)
finds that the Project will have less than significant impacts to the environment, with the
implementation of standard conditions and mitigation measures; and
WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declazation was published
and the MND was made available for a 30-day public review and comment period, from August
29, 2019 through September 27, 2019, in compliance with Sections 15072 and 15105 of the State
CEQA Guidelines; and
WI REAS, subsequent to issuance of the Draft MND, the Project applicant submitted
modifications to the proposed Project. Potential impacts resulting from modifications to the
proposed Project aze discussed in the Final MND. These revisions represent modifications to the
previously analyzed Project description. The revisions do not change the conclusions presented
in the Draft MND and the revised Project would not create any new significant impacts or the
need for additional mitigation; and
WHEREAS, the Design Review Committee reviewed the Project at its September 18,
2019 and December 18, 2019 meetings and recommended approval with condiUons pertaining to
the aesthetics and design features; and
WHEREAS, the Planning Commission conducted a duly advertised public hearing on
January 20, 2020, at which time interested persons had an opportunity to testify either in support
of or opposition to the Project and rewmmended the City Council approve Conditional Use
Permit No. 3044-17; Design Review No. 4909-17; Minor Site Plan Review No. 0904-17;
Administrative Adjustrnent No. 0271-20; and Mitigated Negative Declazation No. 1858-18 and
associated Mitigation Monitoring and Reporting Program; and
WHEREAS, the City Council conducted a duly advertised public hearing on February
11, 2020, at which time interested persons had an opportunity to testify either in support of or
opposition to the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CiTy of Orange
approves Conditional Use Permit No. 3044-17; Design Review No. 4909-17; Minor Site Plan
Review No. 0904-17; Administrative Adjustment No. 0271-20; and Mitigated Negative
Declazation No. 1858-18 and associated Mitigation Monitoring and Reporting Program for the
construction of a one-story, 4,527 squaze-foot Chick-fil-A restaurant building with a double
drive-through lane and associated surface parking, landscaping, and utilities on a 41,672 square
foot site, based on the following:
SECTION 1 —ENVIRONMENTAL REVIEW
Mitigated Negative Declazation No. 1858-18 has been prepared for this Project to
evaluate the physical environmental impacts of the Project, in conformance with the provisions
of the California Envuonmental Quality Act (CEQA) per State CEQA Guidelines Section 15070
and in conformance with the Local CEQA Guidelines. The City Council finds that the MND and
associated Mitigation Monitoring and Reporting Program contain an adequate assessment of the
potential environmental impacts of the proposed Project. The City Council finds that the Project
will have less than significant impacts to the environment, with the implementation of standard
conditions and mitigation measures included in the MND.
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SECTION 2—FINDINGS
General Plan Required Findings:
1. 77ae Project must be consistent with the goals and policies stated within the City's Genera[
Plan.
The Project is consistent with the City's General Plan Land Use Element in that the
proposed restaurant helps to provide a service that conuibutes to a diversified mix
of land uses in the surrounding community. The site is positioned at a gateway
location into the South Main Street medical comdor. Additionally, the Project
corner is a gateway onto the neighborhood to the west from the Main Street
corridor. Site redevelopment provides an opportunity to establish a positive and
integrated relationship to the recently renovated medical office building to the
nor[h, the medical office complex to the south, and the medical office use to the
east. Redevelopment also affords the opportunity to improve the appearance of the
site as a transitional proper[y into the adjacent neighborhood.
Conditional Use Permit Required Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services reguired by the community.
The Conditional Use Permit is granted upon sound principles of land use and in
response to services required by the community. The primary uses pernutted in the
General Business (C-2) zoning designation generally involve retail businesses and
food establishments and drive-through windows are conditionally permitted. The
proposed Project will accommodate the business' growth and allow operation of the
business more efficiently. Pazking for the business is provided on the subject site
and the configured drive-through will function similaz to other fast-food restaurants,
keeping the internal circulation on-site, a typical expectation for customers of this
business and community.
2. A Conditional Use Permit shall not be granted if it will cause deteriaration of bordering land
uses or create special problems for the area in which it is located.
The Project will not cause deterioration of bordering land uses or create special
problems for the azea in which it is located, as the proposed Project is confined to a
one-story, 4,527 square-foot Chick-fil-A restaurant building with a double drive-
through lane and associated surface pazking, landscaping, and utilities on a 41,672
square foot site. The subject site accommodates all available area for pazking and
landscaping for the restaurant use to the best extent possible. Surrounding
businesses aze commercial in nature.
Special attention has been given to the Project site planning and drive-through
orientation to avoid potential vehicle queuing onto City streets and into the adjacent
neighborhood. A queuing management plan is also included as part of the Project to
address the same issue.
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3. A Conditional Use Permit must be considered in relationship to its effect on the community
or neighborhood plan for the area in which it is located.
There is no communiTy or neighborhood plan for the azea other than the City's
General Plan. The Project site is within an azea of the City that is developed and
where public right-of-way is established and constructed. The surrounding
properties to the north, east, west and south aze established commercial properties,
while there aze residential properties in close proximity to the site. Conditions of
approval have been incorporated which are related to potential nuisances related to
menu boazd noise, installation of lights, loading area activity, trash enclosure
maintenance. These conditions, and others, have been incorporated into the Project
to ensure the site will not impact the neighborhood.
4. A Conditional Use Permit, ifgranted, sha[1 be made subject to those conditions necessary to
preserve the general welfare, not the individual welfare of any particular applicant.
Conditions have been included to ensure that the vehicle queuing and noise
associated with the drive-through restaurant are continuously monitored by the City
and restaurant operator to preserve the general welfaze of the immediately
surrounding businesses, and the residential neighborhood to the west. On-site
circularion also designates the Almond driveway as for exiting only. Conditions
include a circulation and queuing management plan to prevent traffic impacts into
the sh eets.
Design Review Required Findings:
1. The Project design upholds community aesthetics through the use of an internally consistent,
integrated design theme and is consistent with all adopted specific plans, applicab[e design
standards, and their reguired f:ndings.
The proposed Chick-fil-A drive-through restaurant facility has been designed in a
contemporary azchitectural sTyle with various azchitectural building elements that
provide a contextually sensitive appearance for the adjacent neighborhood to the
west and surrounding commercial and medical office uses. The location of the
building at the northeast corner of the site make it a prominent structure at the
intersection of Main Street and Almond Avenue. Pedestrian pathways aze proposed
within the central pazking azea and across the drive-through lanes neaz the pick-up
window and southern restaurant entrance. Direct pedestrian access is available from
the Almond Avenue and Main Street sidewalks to the restaurant.
The Project site is located within the former Southwest Redevelopment Project
Area, which has design standards. The Project site is located in Thematic District#3
South Main/La Veta, which has an urban contemporary theme. The azchitectural
theme for the proposed fast food restaurant is of a contemporary style, which
complies with the themaric district for the azea. There is no specific plan for the site.
Minor Site Plan Required Findings:
1. The Project design is compatible with surrounding development and neighborhoods.
The Project site is located within the former Southwest Redevelopment Project
Area and is subject to compliance with the Southwest Design Standazds. According
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to the Southwest Design Standazds, the Project site is located in Thematic District
3 - South Main/La Veta, which has an urban contemporary theme. The district
includes established financial, medical, and business offices as well as retail
commercial developments.
The Project as designed will generally be compatible with the contemparary
azchitecture on South Main Sh eet, and is compafible with the predominately one
and two story medical, retail, and service uses along the Main Sh eet corridor. The
position of the building at the northeast corner of the site will make it a prominent
structure at the intersection of Main Street and Almond Avenue, meeting the
intended goals of the Southwest Design Standazds. This street-orientation creates a
more pedestrian-friendly relationship for the Project, with direct linkages between
the building, transit, and sidewalks. The position of the building will also be similaz
to existing buildings in the Project azea that define the street edge along Main
Street. In addition, by placing the restaurant adjacent to the sidewalk, the potential
for on-site pedestrian/vehicle conflicts will be minimized.
Site landscaping and building orientation consider the relationship of the site to the
neazby neighborhood to the west. New street trees and landscaping along the
Almond Avenue frontage will provide an attractive transition from Main Street to
the neighborhaod.
2. The Project conforms to City development standards and any applicable special design
guidelines or specific plan requirements.
The proposed development conforms to City development standards in the G2 zone
and the Southwest Design Guidelines. The South Main Street comdor azea of the
City is chazacterized by a mix of contemporazy azchitectural styles. The azchitecture
and landscape design of the proposed Project complements and enhances the
aesthetics of South Main Street comdor. The Project design provides varied and
articulated building elevations, streetscape enhancements that provide an appealing
pedestrian environment to encourage pedestrian activity and linkage between the
Project and surrounding uses, and enhances the "sense of place" in the South Main
Street comdor by replacing a vacant restaurant building and pazking lot with a new
restaurant building that is compatible with the contemporary azchitectural aesthetics
of the azea and reinforces the linkage beriveen complementary uses.
3. The Project provides for safe and adequate vehicular and pedestrian circulation, both on-
and off-site.
The proposed Project incorporates streetscape improvements that reinforce the
pedestrian environment and quality of the pedestrian experience in a manner that
better defines pedestrian corridors to improve defined linkage between uses and
pedestrian safety. Pathways link the sidewalks to the building. Vehicular access
points have also been designed to ensure safe circulation conditions including an
exit only" driveway on Almond Avenue. With adoption of Conditions of Approval
and mitigation measures, the proposed Project provides for safe and adequate
circulation.
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4. City services are available and adequate to serve the Project.
As evaluated in Mitigated Negative Declazation No. 1858-18, the proposed Project
will result in less than significant impacu to police, fire, recreation, and or pazk
services. The Project incorporates design features and mitigation measures to
address potential impacts. The applicant will be subject to payment of impact fees
associated with schools, parks, libraries, sewer, and Sanitation District fees.
5. The Project has been designed to fully mitigate or substantially minimize adverse
environmental effects.
The proposed Project includes mitigation measures that minimize potential adverse
impacts to aesthetics, air quality, cultural resources, geology/soils, hazazds &
hazazdous materials, hydrology/water quality, noise, public services, recreation,
transportation/traffic, and utilifies/service systems. Mitigation measures aze also
included in Mitigated Negative Declazation No. 1858-18 to address potential
impacts to Air Quality, Biological, Cultural Resources, Hazard and Hazardous
Materials, Noise, Transportation/Trnffic, and Tribal Culhual Resources. The MND
includes mitigation measures reflected in the Conditions of Approval that aze
adopted with the certification of the MND. These measures reduce potential
impacts to a less than significant level.
Administrative Adjustment
1. The reduction in standards will not be detrimenta[ to the public health, safety, and general
welfare ofpersons residing or working on the subject property or in the vrcinity.
The 1-foot reduction in the pazking lot drive aisle width, from 25 feet to 24 feet,
will not be detrimental to the public health, safeTy and general welfare of persons
residing or working in the area because it accommodates a functional and efficient
site plan, on-site circulation, and additional landscape.
2. Issuance of the permit does not compromise the intent of this code.
Granting of the Administrative Adjustment does not compromise the intent of the
OMC because the requested reduction continues to accommodate a functional and
efficient site plan, on-site circulation, and additional landscape.
SECTION 3—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions aze imposed with approval:
1. The Project shall conforxn in substance and be maintained in general conformance with
plans and exhibits date labeled January 20, 2020, including any modifications required by
conditions of approval, and as recommended for approval by the Design Review
Committee and Planning Commission. Any future expansion in area or in the nature and
operation of the use approved by General Plan Amendment No. 2018-0002; Zone Change
No. 1287-18; Conditional Use Pernut No. 3044-17; Design Review No. 4909-17; Minor
Site Plan Review No. 0904-17; Administrative Adjustment No. 0271-20; and Mitigated
Negative Declazation No. 1858-18, shall require an application for a new or amended Site
Plan Review.
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2. Except as otherwise provided herein, this Project is approved as a precise plan. After any
application has been approved, if changes aze proposed regazding the location or alteration
of any use or struchue, a changed plan may be submitted to the Community Development
Director for approval. If the Community Development Director determines that the
proposed change complies with the provisions and the spirit and intent of the approval
action, and that the action would have been the same for the changed plan as for the
approved plan, the Community Development Director may approve the changed plan
without requiring a new public hearing.
3. Within two (2) days of final approval of this Project, the applicant shall deliver to the
Planning Division a cashier's check payable to the Orange County Clerk in an amount
required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and the
County Administrative fee, to enable the City to file the Notice of Determination required
under Public Resources Code 21152, & Cal Code Regulations 15075.
4. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents
and employees from any and all liabiliTy or claims that may be brought against the City
arising out of its approval of this permits, save and except that caused by the CiTy's active
negligence. The City shall promptly notify the applicant of any such claim, action, or
proceedings and shall cooperate fully in the defense.
5. Conditional Use Permit No. 3044-17; Design Review No. 4909-17; Minor Site Plan
Review No. 0904-17; Administrative Adjustment No. 0271-20; and Mitigated Negative
Declazation No. 1858-18 shall become void if not vested within two yeazs from the date of
approval. Time extensions may be granted for up to one year, pursuant to OMC Section
17.08.060
6. Prior to the issuance of building permits, the Queen Palms along Main Street shall be
changed to King Palms.
7. Prior to the issuance of building permits, one additional King Palm shall be added along
Main Street subject to Public Works approval.
8. Prior to the issuance of building permits, the Strawberry trees along the southern property
line shall be realigned to line up with the striped pazking lines of the pazking spaces.
9. Prior to the issuance of building permits, the pazking space adjacent to the trash enclosure
shall be removed and the electrical transformer moved into that location; the Crepe Myrtle
shall be shifted to align with the second pazking space striping and a Magnolia planted in
its place.
10. Prior to the issuance of building permits, all Magnolias shall be changed to standards and
the Magnolia at the southeast corner of the properry shall be changed to a Low branch
Sycamore.
11. Prior to the issuance of building permits, plans shall be corrected to reflect the accurate
door locations on the exterior elevations.
12. Prior to the issuance of building permits, agave pots along Main Street shall be centered
along the wlumns of the building.
13. Prior to the issuance of building permits, bollazds in the pazking lot shall be replaced with
a simple metal fence.
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14. Prior to the issuance of building permits, color/material board and fence replacement shall
retum to the Community Development D'uector or designee for review and final approval.
15. Subsequent modifications to the approved architecture and color scheme shall be
submitted for review and approval to the Community Development D'uector or designee.
16. Any modifications to the plans including, but not limited to, the landscaping and parking
as a result of other Department requirements such as Building Codes, Water Quality, Fire,
or Police shall be submitted for review and approval to the Community Development
Director or designee. Should the modifications be considered substantial, the
modifications shall be reviewed and approved by the appropriate detemuning body.
17. Prior to Certificate of Occupancy, all landscaping located within public azeas shall include
the installation of root barriers acceptable to the Public Works Department on the sidewalk
side of the tree, or where conditions warrant, the installation of a Deep Root box as
directed by the Public Works Director.
18. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the
Community Development Director that new mechanical equipment screening shall be
installed that azchitecturally matches the building.
19. Prior to building permit issuance, CiTy required irrigaUon and landscape inspection notes
shall be placed on the final landscape plan, to the satisfaction of the Community Services
Director.
20. The Project is considered a Priority Project and will need to prepaze and submit a Final
Water Quality Management Plan (WQMP) with treatment BMPs and site design features
such as more permeable pavements, landscaping infilfration, directing roof runoff into
planters and other BMPs that will serve as buffers for runoff from the site. The WQMP
shall be approved prior to issuance of building permits.
21. Prior to building permit issuance, the final landscape plan shall be reviewed and approved
by the Orange Fire Department.
22. The Fire Department connection will be required to be within 40 feet of a fire hydrant, on
the address side.
23. Prior to building permit issuance, final landscaping plans for the Project shall be designed
to comply with the City's Water Efficient Landscape Guidelines as described in Section
IX et al of the City of Orange Landscape Standazds and Specifications.
24. Prior to grading permit issuance, the applicant shall dedicate 1 foot along Main Street for
public right-of-way.
25. Prior to grading permit issuance, the applicant shall dedicate a corner cut-off of 15' x 15'
at the corner of Main Street and Almond Avenue.
26. Prior to Cer[ificate of Occupancy, the applicant shall reconshuct the public sidewalk along
Main Street to full 8-foot width and restore brick banding.
27. Prior to Certificate of Occupancy, for the 13-foot pazkway along Almond Avenue, the
applicant shall either conshuct an 8 feet landscape pazkway along the curb face with a 5-
foot sidewallc behind, or install 3' x 4' tree wells at intervals to be determined by City
Street Tree Coordinator.
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28. The trash enclosure area shall not have a sewer drain, which may introduce storm water
into the sewer system. If the sewer drain is desired, then, a roof cover should be designed
forthe trash enclosure.
29. A note shall be added in the Grading Plan to explain how storm water runoff at the
southwest corner is to be carried by the southern neighboring property.
30. The applicant shall demonstrate the 100-year water surface elevation is 1 foot below the
building finish floor given wall opening shown in Detail "A" of the Grading Plans.
31. The applicant shall comply with all federal, state, and local laws, including all CiTy
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
Mitigation Measures
32. All Project Mitigation Measures and Project Design Features shall be complied with and
implemented as stated in the Mitigation Monitoring and Report Program located in
Mitigated Negative Declazation No. 1858-18.
ADOPTED this l lth day of Febniazy 2020.
r -
Mark A. Murphy, Mayor, City range
ATTEST:
c_
f:YVLfl l_i LJL-C'1'_
Pamela Coleman, City Clerk, City of Orange
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regulazly adopted by the City Council of the CiTy of
Orange at a regulaz meeting thereof held on the l lth day of February 2020, by the following
vote:
AYES: COLTNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES: COLTNCILMEMBERS: None
ABSENT: COiJNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
Pamela Coleman, City Clerk, City of range
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