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Resolution Number 09-12-01-04RESOLUTION NO, 09-12-01-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08-011 FOR A WEDDING AND SPECIAL EVENT VENUE AT 27182 ORTEGA HIGHWAY (FORSTER MANSION EXCLUSIVE EVENTS)(APN 666-241-09) WHEREAS, on August 14, 2008, the City of San Juan Capistrano issued a letter notice of violation to the property owner for un -authorized special events reported on July 30, 2008, at the subject property occurring without a business license, and subsequently issued additional notices of violation to the property owner and the applicant for the same and additional unauthorized events; and WHEREAS, on November 17, 2008, the applicant, Arpi Evans, 27182 Ortega Highway, San Juan Capistrano, CA 92675 submitted a request, which was deemed complete on June 17, 2009, for approval of a Conditional Use Permit to allow an outdoor wedding and special event facility in the grounds of the historic Forster Mansion on property located at 27182 Ortega Highway, which is General Plan -designated General Commercial and classified as PC (Ortega Planned Community, Sector A-1) on the Official Zoning Map; and, WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, WHEREAS, the Planning Commission conducted a duly -noticed public hearing on May 12, June 10 and July 28, 2009, pursuant to pursuant to the provisions of Title 9, Land Use Code, Sections 9-2.327 and 9-2.302(f), to consider public testimony on the proposed project, considered all relevant public comments, and approved CUP 08-011; and WHEREAS, on. August 3, 2009, Cameron and Pierre Grenier (represented as of September 1, 2009, by The Law Offices of Benjamin T. Benumof, Ph.D, Esq.) filed an appeal of the Planning Commission's approval of CUP 08-011; and WHEREAS, the City Council conducted a duly -noticed public hearing on September 15, 2009, pursuant to the provisions of Section 9-2.335 of Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider the project de novo and hear public testimony and approved CUP 08-011 for six months; and WHEREAS, on November 3, 2009, the City Council discussed the status of CUP 08-011, and directed staff to schedule a public hearing for consideration of CUP 08-011; and WHEREAS, the Community Development Department has determined that, pursuantto Sections 15061, 15301 and 15304 of the California Environmental Quality Act (CEQA) Guidelines, the project qualifies for a Class 1 and Class 4 categorical exemption 12/01/2009 from CEQA because it consists of the operation of an existing private structure with negligible expansion of use beyond that previously existing; involves landscaping and possible perimeter wall construction constituting minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, or scenic trees; and has otherwise complied with all applicable provisions of CEQA; and WHEREAS, the City Council conducted a duly -noticed public hearing on November 17, 2009, pursuant to the provisions of Section 9-2.335 of Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider the project de novo and hear public testimony, approved CUP 08-011 subject to findings and modified conditions of approval, and directed staff to forward a resolution reflecting said approval for City Council action. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find as follows regarding the appeal of CUP 08-011: 1. The use is consistent with the maps and policies of the General Plan because: a. As conditioned, the proposed use is consistent with General Plan Land Use Element Policy 1.2 to "encourage commercial ...development that is compatible with existing land uses..." because: i. The scale and layout of the proposed use, in conjunction with: the noise level data provided to date, the demonstration of the sound system at the site, and the proposed conditions of approval, as modified herein, which regulate the use, will be compatible with the existing residential uses to the south and southeast of the project site. b. As conditioned, the proposed use is consistent with General Plan Noise Element Policy 3.1 and 3.2 to "reduce the impacts of noise -producing uses and activities on noise -sensitive land uses" and to "incorporate sound - reduction design..." because: i. The noise level data provided to date indicates that the sound system complies with noise thresholds in the City's Municipal Code. ii. The proposed conditions of approval, as modified herein, regulate the proposed use to limit the amount and effect of noise and activity to the rear of the site in close proximity to the adjacent noise -sensitive residential land uses to the south and southeast of the project site. c. The proposed project is consistent with the Land Use Map of the General Plan because the use is a commercial use in a General Commercial land use designation. 2 12/01/2009 2. The use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because: a. The proposed use on an existing historic site does not propose or require any permanent physical modifications that would be inconsistent with the provisions of the Land Use Code. b. As conditioned, the proposed use is consistent with the purpose and intent of the Ortega Planned Community (CDP 78-01), Sector A-1 "to create high- quality planned commercial... for a broad range of retail uses and service commercial uses..." because the use is allowed through approval of a conditional use permit. 3. The site for the use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because: a. The existing historic site is sized and shaped appropriately to accommodate the special event, live entertainment and dancing set-up on the grounds of the Forster Mansion. b. The implementation of the Waste Management and Recycling Plan, as conditioned, precludes the necessity for an on-site trash and recycling enclosure. c. The implementation of the Parking Management Plan, as conditioned, to utilize valet joint use parking on the adjoining site, precludes the necessity for the use to provide its required event parking on-site. d. Deliveries and loading are provided for on-site and are conditioned to occur during hours to reduce noise impacts from such activities. 4. The use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because: a. The noise level data provided to date indicates that the sound system will not generate excessive noise impacts on the abutting permitted uses to the south and southeast of the project site. b. Conditions of approval require the use of a permanent sound system rather than ad-hoc systems; acoustical monitoring by a qualified consultant retained by the City at the applicant's expense for two evening events un -announced to the applicant; and a prohibition on event activities in the most noise - sensitive, lower level southeast corner which are intended to ensure that the 3 12/01/2009 on-going use will not generate excessive noise impacts on the abutting permitted uses. C. As conditioned, the on-going operation of the use is proposed to be served by an adequate Waste Management and Recycling Plan subject to inspection, monitoring and revisions to ensure it will not cause solid waste - related nuisances on-site and on the abutting commercial center to the east. d. Conditions of approval require and ensure appropriate aesthetic screening of the tent and handicap restrooms associated with various events so the use does not generate excessive visual blight. e. As conditioned, the Parking Management Plan will provide off-site valet parking to be implemented in a manner that is compatible with the parking needs of the Capistrano Collections Center and that does not generate excessive traffic or related nuisances on the abutting streets and parking areas. 5. The site for the use has adequate access and parking to support the use because the site has existing vehicular access from Ortega Highway and has access to adequate, adjacent off-site valet parking through implementation of a Parking Management Plan. 6. Municipal Code Section 9-2.317(l) authorizes the Planning Commission to conduct periodic reviews of any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval and in a manner that is not detrimental to public health, safety, or welfare or materially injurious to persons or properties in the vicinity. Further, Municipal Code Section 9-2.317 (m) authorizes the Planning Commission to revoke the approval if it is determined that either the use is a detriment to public health or safety or is a nuisance; approval was obtained through misrepresentation; or the use has not complied with one or more of the conditions of approval. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves CUP 08-011 subject to those conditions of approval established by Exhibit A, attached hereto and -incorporated herein. PASSED, APPROVED, AND ADOPTED th _._._..._'s 15C day of pcember, 2609. ATTEST: ^MARIA MORRIS, tIT�Y CLERK DR. LONDRES USO, MAY 4 12/01/2009 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 09-12-01.04 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 1 't day of December 2009, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None MARIA MOY it. Jerk 5 12/01/2009 RESOLUTION # 09-12-01-04 CONDITIONS OF APPROVAL PROJECT LOG #: CONDITIONAL USE PERMIT 08-011 PROJECT NAME: FORSTER MANSION EXCLUSIVE EVENTS APPROVAL DATE: DECEMBER 1, 2009 EFFECTIVE DATE: DECEMBER 1, 2009 These conditions of approval apply to the above -referenced project application described in more detail blow. For the purpose 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: Conditional Use Permit 08-011 is granted to allow a wedding and special event facility on the grounds of the Forster Mansion with no changes to the existing building; outdoor amplified live entertainment and dancing. with the service of alcohol; all food and beverages to be catered into the site; a maximum occupancy of 165 for the exterior grounds and 49 for the interior; and joint -use valet parking at the adjacent Capistrano Collections commercial center on an existing 0.6 acre site located at 27182 Ortega Highway (APN 666-241-09), with a General Plan land use designation of General Commercial, and a Zoning designation of Ortega Planned Community (CDP 78-01) Sector A-1. This approval is granted based on the application materials submitted by Arpi Evans: site plan date-stamped June 3, 2009; typical layouts date-stamped March 11, 2009; Waste Management and Recycling Plan date-stamped April 20, as clarified June 3, 2009; Parking Management Plan dated May 7, 2009, prepared by PRS Group; noise study submitted on June 3, 2009, prepared by Wieland Acoustics, dated May 28, 2009; handicap guest plan date-stamped March 11, 2009; letter of operations date-stamped March 11, 2009, as updated by the other listed submittals; and contract terms date-stamped June 3, 2009; all as revised by these conditions of approval. These plans and supporting information, and the proposed use of the site, are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Community Development Director to be in substantial conformance with the approved project, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Community Development Director upon submittal of an application and the required fee. Resolution No. 09-12-01-04 Conditions of Approval Pro ect # CUP 05-013 Page- 2 of 9 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or 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 bold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or Community Development Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5.. The applicant shall be responsible for informing all consultants, vendors, and 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. Sign approval for the project is a separate process requiring the issuance of a sign permit and building permits, and is subject to review and approval by the Department of Community Development. i. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 8. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, traffic safety or .any public nuisances arising or occurring incidental to the establishment or operation and shall meet the requirements of these conditions of approval on a continuing basis. Failure to meet these requirements may be grounds for revocation of this Conditional Use Permit. Resolution No. 09-12-01-04 Conditions of Approval Pro sect # CUP 08-011 Rage 3 of 9 9. All applicable approvals and clearance from other departments and agencies shall be on file with the Building Division prior to issuance of any permits, final inspections, utility releases and/or issuance of a Certificate of Occupancy, as specified in these conditions. The following conditions shall be met prior to granting permission to use or occupy the project site, as specified below: 10. Payment of Fees. Prior to obtaining the required business license and prior to holding any events at the site following the effective date of this approval, the applicant shall pay all fees determined payable and comply with all requirements of the applicable federal, state, and local agencies, including thepayment of all outstanding administrative citations issued by the City regarding unauthorized events at the site. The duty of inquiry as to such requirements shall be upon the applicant. (CDD) 11. Water System Improvements. Prior to the issuance of a Certificate of Occupancy, the applicant shall complete the irrigation facilities required to serve the subject project, including a separate irrigation meter, in compliance with City municipal codes, standards, specifications, and the City's water standard specifications. The backflow device shall be located so as to be visually inconspicuous, or screened with landscaping to the satisfaction of the Community Development Director. (CDD, UTIL) 12. Fire Lane Markings. Within sixty (60) days of approval, the applicant shall install a sign "Not a Fire Lane" at the driveway entrance to the Forster Mansion site to notify emergency vehicles of limited vehicle access to the rear of the building. (OCFA) 13. Consistency with Approved Plans and Final Planninq Inspections. Prior to the issuance of a Certificate of Occupancy and prior to the first scheduled event, the applicant shall schedule final inspections by the Planning Division, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. The site and the event set-up shall be in accordance with all of the approved plans and project information, including but not limited to the site plan and typical layouts, as modified by these conditions of approval. (PLN) 14. Landscape Screen. Within 30 days after the effective date of this approval, the applicant shall install the appropriate number of minimum 15 -gallon size Podocarpus gracilior (propagated from seed) or Podocarpus macrophyllus (or other similar, fast-growing trees or shrubs to the satisfaction of the Community Development Director), in the approximately 50' long section of rear wall/fence that currently has a gap in vegetation. Said approved trees/shrubs shall be planted in a hedge and maintained as such to provide additional screening, (PLN) Resolution No. 09-12-01-04 Conditions of Approval Proiect # CUP 08-011 Paqe4 of 9 15, Historic Depiction Pro, -gram. The prior restoration, National Register listing, Mills Act contract execution and continued preservation of the Frank Forster Mansion for the benefit of the public constitutes the primary components of the Historic Depiction Program for the site per City Council Policy 606 subject to the following: a. The applicant agrees to work with the City of San Juan Capistrano if requested to open the Frank Forster Mansion once per year to the general public in association with Historic Preservation Week or other defined historic preservation goal of the City. b. Within six months after the effective date of this approval, the applicant shall purchase and install the industry standard cast bronze National Register plaque commemorating the listing of the property in the National Register of Historic Places in a location and manner approved by the Historic Preservation Manager. (PLN) 16. lrrigation Audit. Within six months after the effective date of this approval, the applicant shall contract with a qualified professional to conduct a landscape irrigation audit and develop a plan to reduce the amount of landscape water usage and improve the efficiency of landscape irrigation in accordance with the City's Water Conservation Ordinance. The applicant shall submit the audit and plan to the City's Water Conservation Coordinator for review and approval. Upon City approval of the plan, the applicant shall implement the plan to the satisfaction of the City's Water Conservation Coordinator. (UTIL) The following ongoing conditions shall be complied with at all times after commencement of the project. 17. Business License. The applicant, tenants, or successors in interest shall comply with the City's business license requirements and shall obtain a business license prior to holding any events at the site following the effective date of this approval. 18. Business License Inspections. The applicant shall allow the Business License Administrator or designated City staff to inspect the business premises at any time for compliance with the provisions of these conditions of approval and Title 9, Land Use Code. Failure of the business owner or his/her employees to allow inspection by City staff shall be grounds for revocation of the business license and may be grounds for the revocation of this Conditional Use Permit. (CDD) 19. Site Maintenance. The applicant shall maintain all. portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. No physical changes to the historic property shall occur without prior approval of the City of San Juan Capistrano. (CDD) Resolution No. 09-12-01-04 Conditions of Approval Pro ect # CUP 08-011 Page 5 of 9 20. Sanitation. Temporary portable restrooms shall be provided on-site for all events exceeding 50 persons, at a ratio of one restroom per 100 guests for a maximum of two portable restrooms. At least one of the portable restrooms shall be handicap accessible. The applicant shall install temporary pole and drape panels to screen the restroom(s) from view of Ortega Highway, from the time they are delivered to the site until the time they are removed from the site. The drape panels and temporary poles shall be of a color and location designed to blend in and shall not be used for signage or other attention -getting purposes. (CDD) 21. Waste Management. The applicant shall comply with the Waste Management and Recycling program approved as part of CUP 08-011 to the satisfaction of the Public Works Director. The City reserves the right to conduct an inspection following any given event to determine compliance with this condition. In the event the Public Works Director determines the program is not operating in a satisfactory manner and notifies the applicant of such, the applicant shall submit for review and obtain the approval of the Public Works Director for a revised Waste Management and Recycling program. (PW) 22. Alcoholic Beverage Control. The applicant shall demonstrate in writing to the satisfaction of the Community Development Director that the project site has been approved by the State Department of Alcoholic Beverage Control for the service of alcoholic beverages by ABC -licensed caterers subject to the ABC's Catering Authorization provisions. The caterers may exercise only those privileges authorized by the caterer's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on - sale premises. (CDD) 23. OCFA Special Events Permits. All events that require a tent and/or canopy structure shall require a Special Event Permit, issued by OCFA. 10 days prior to the date of the event, the business owner shall contact OCFA and request approval of a Special Event Permit. Any tent erected may remain erected for the maximum time allowed by the OCFA ;permit; shall maintain the minimum required Fire Code distance from the property lines; and shall comply with all other applicable. Fire Code requirements. (OCFA & CDD) 24. Hours of Operation. Hours of operation for the use shall be as follows: a. Administrative functions for the use shall occur during the weekdays, Monday through Friday, from 8:00 a.m. to 5:00 p.m. b. The hours of operation for weddings and special events at the facility shall be as follows: L Wednesday through Friday: 6:00 p.m. to 10:30 p.m., with amplified sound ending at 10:00 p.m. Resolution No. 09-12-01-04 Conditions of Approval Pro'ect # CUP 08-011 Page 6 of 9 ii. Saturday: 9 a.m. to 10:30 p.m., with amplified sound ending at 10:00 p.m. iii. Sunday and Federal holidays (refer to section 6103 of Title 5 of the United States Code): 11 a.m. to 10:30 p.m., with amplified sound ending at 10:00 p.m. iv. Non -amplified outdoor events with a maximum of 75 guests may occur during the above days and hours (ending at 10:30 p.m.), and additionally on Monday and Tuesday from 6:00 p.m. to 10:30 p.m. and are not subiect to the maximum number of events ner condition 24.e below C. Deliveries, loading and unloading, event set-up and breakdown, and rental equipment pick-up, etc., any of which cause exterior noise, at the site shall not occur between the hours of 9:00 p.m. and 10:00 a.m. (For events ending after 9:00 p.m:, breakdown and rental equipment pick-up, etc., shall not occur until after 10:00 a.m. the following day.) (CDD) d. The maximum number of guests allowed for outdoor amplified events is 165. e. The maximum number of evening, outdoor amplified events is 70 per calendar year. 25. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by the Municipal Code. Specifically, the following conditions shall apply: (CDD) a. Only the permanent sound amplification system approved with CUP 08-011 shall be used for events in the rear event area; no additional system, speakers or amplifiers, etc., shall be used in the rear event area. The permanent sound amplification system shall be equipped with a digital signal processor or similar method to limit the sound output in accordance with the City's Noise Ordinance. The applicant shall ensure that the digital signal processor is utilized to limit noise levels and that all sound at the site, including but not limited to amplified/non-amplified and human sound, does not exceed noise levels permitted by the Municipal Code; specifically: L 75 dB(A) for a cumulative period of more than 1 minute in any hour; ii. 70 dB(A) for a cumulative period of more than 5 minutes in any hou r; iii. 65 dB(A) for a cumulative period of more than 15 minutes in any hour; and Resolution No. 09-12-01-04 Conditions of Approval Protect ## CUP 08-011 Page .7 of 9 iv. 60 dB(A) for a cumulative period of more than 30 minutes in any hour. b. During the first three months after approval of CUP 08-011, the Community Development Director shall, at the applicant's expense, retain the services of a qualified acoustical engineering consultant to monitor two outdoor evening events un -announced to the applicant. The monitoring methodology shall be substantially the same as that performed by Wieland Acoustical for the May 24, 2009, wedding event. To facilitate compliance with this condition, the applicant shall, immediately upon the request of the Community Development Director based on the selected consultant's written scope and cost estimate, replenish the project developer deposit to a positive balance that equals or exceeds the amount of the cost estimate for monitoring the two events multiplied by 0.15 to cover staff administration costs. In addition, the applicant shall submit a list of all outdoor evening events, as soon as they are scheduled, to the Community Development Department. G. Live musicians in the rear event area may be acoustical; or amplified only if connected into the approved permanent sound amplification system. The DJ and speaking and singing individuals, if amplified, shall only utilize microphones connected into the approved permanent sound amplification system. This condition is not intended to prohibit the amplification of speaking individuals and ancillary music associated with ceremonies in the front yard of the site provided they comply with noise levels permitted by the Municipal Code. d. The two permitted speakers of the approved permanent sound amplification system in the rear event area shall be oriented as shown on the site plan to point away from the rear property line, but shall be located a minimum of 20 feet from the rear property line. e. No event activity use (eg., beverage bar, dessert table, music, etc.) shall be set up in the lower elevation southeast corner of the site. For evening events, pole and drape panels shall be installed along both fence lines at the lower elevation southeast corner and shall be draped with noise absorbing material such as quilted fiberglass absorbers or similar to the satisfaction of the Community Development Director. 26. Off -Site Parking, The applicant shall demonstrate to the satisfaction of the City Engineer that the use of at least 67 parking spaces in the subterranean level garage of the adjoining Capistrano Collections Center is available for all events occurring at the project site, or that alternative arrangements for parking have been made that will accommodate the Resolution No. 09-12-01-04 Conditions of Approval Proect # CUP 08-011 Page 8 of 9. parking needs of the event, in accordance with the approved Parking Management Plan. (PW) 2i. Parking Management. During the life of the use, the applicant shall operate the wedding and special event venue in accordance with the Parking Management Plan approved by the Planning Commission, subject to the following: a. At minimum for events, a temporary sign shall be conspicuously posted directing Capistrano Collections customers that additional parking is available in the subterranean parking level. b. The valet parking operation shall not negatively impact the concurrent use of the street level parking spaces by tenants and patrons of the Capistrano Collections Center. During the weekdays before 6 pm and all day Saturday, the valet parking operation shall accommodate the use of 24 to 30 parking spaces, respectively, in the subterranean parking level by customers of the Capistrano Collections Center. A through drive -aisle to the subterranean parking level shall be maintained at the above times, and a through drive -aisle to the exit driveway shall be maintained at all times. C. The PMP shall state that, if the applicant proposes any change in parking arrangements from Capistrano Collections to the alternative approved parking sites, the submittal of the alternative parking arrangement description shall be accompanied with written approval from the appropriate property owner/manager of the parking site. (PW & CDD) Resolution No. 09-12-01-04 Conditions of Approval Project # CUP 08-013 Page 9 of 9 Responsible Agencies: B&C = Building and Code Enforcement CDD = Community Development Department OCFA = Orange County Fire Authority PLN = Planning Division PW = Public Works Department UTIL = Utilities Department Applicant Acceptance of Conditions of Approval. Applicant Signature Applicant's name/title (print) Date