Resolution Number 13-12-17-02RESOLUTION NO. 13-12-17-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL
12-012 AND DISCRETIONARY USE PERMIT 13-001, A REQUEST TO
DEMOLISH THE EXISTING BUILDING AND CONSTRUCT A NEW 4,739
SQUARE FOOT MCDONALD'S RESTAURANT BUILDING WITH DRIVE-
THROUGH ON AN EXISTING 43,109 SQUARE FOOT LOT ON THE EAST
SIDE OF DEL OBISPO APPROXIMATELY 400 FEET SOUTH OF ORTEGA
HIGHWAY AT 31822 DEL OBISPO (ASSESSORS PARCEL NUMBER: 668-
241-06)(JIM BICKEL)
WHEREAS, Jim Bickel of Bickel Underwood, Corp. has requested approval of
Architectural Control (AC) 12-012 and Discretionary Use Permit (DUP) 13-001 to allow
construction of a new 4,739 square foot restaurant building with drive-through on property
located at 31822 Del Obispo, which is General Plan -designated General Commercial and
classified as General Commercial on the Official Zoning Map; and,
WHEREAS, the City Council conducted a preliminary review of the project on
August 7, 2013, and concurred with staff's determination that the property was zoned
General Commercial rather than Historic Town Center Edge and authorized staff to
continue the review process; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and determined thatthe
project qualifies for a Class 32 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing to
consider the project on October 22, 2013, and recommend that the City Council approve
the proposed project; and,
WHEREAS, the City Council conducted a duly -noticed public hearing to considerthe
project on December 17, 2013; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings as established by Sections 9-
2.313 and 9-2.318 of Title 9, Land Use Code of the City of San Juan Capistrano:
Discretionary Use Permit:
The proposed use and design are consistent with the maps and policies of the
General Plan because the proposed restaurant business is village -scaled and
incorporates outdoor dining, which meets the goals and policies of the Historic Town
Center Master Plan land use designation, and because the project is consistent with
the City's Community Design Element because the project complies with the
adopted Architectural Design Guidelines.
2. The proposed 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 the use is identified a
conditionally permitted use in the land use code, and will not cause any adverse
impacts to neighboring properties, and the project meets all applicable development
standards.
3. The site for the proposed 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 the proposed building is in compliance with all
applicable development standards established by the General Commercial zoning
district, including setbacks, and meets the minimum required parking stalls required
for a restaurant, and proposes adequate open areas to allow for sufficient vehicular
and pedestrian circulation, as well as outdoor dining space.
4. The proposed use and 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 the proposed project will not create adverse conditions for
neighboring properties.
5. The site for the proposed use has adequate access and parking to support the use
because the projectwill feature adequate access through two existing driveways off
Del Obispo Street, as well as access between the subject property and the
neighboring property to the south. There will also be an internal pass-through drive
aisle at the front of the property to allow for safe internal circulation and will
eliminate unnecessary turn movements that are currently occurring on Del Obispo
Street. Further, the project proposes to meet the minimum requirement of 1 parking
space per 40 square feet of dining area, as identified in Title 9 Land Use Code.
6. The proposed use provides sufficient economic value and convenience to the
community to justify approval of a discretionary use permit such as community
investment, job creation, increase in sales taxes collected, or increase in customer
convenience.
Architectural Control:
The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan
or comprehensive development plan as identified in Finding #2 for the Discretionary
Use Permit above.
2. The proposed use and design of the project is consistent with the goals, policies
and objectives of the General Plan, including the Community Design Element as
identified in Finding #1 for the Discretionary Use Permit above.
3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and other features pertaining to the application, except
as otherwise approved as identified in Finding #3 for the Discretionary Use Permit
above.
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because the
project proposes an interpretation of Mediterranean and Mission Revival
architectural style featuring appropriate treatments to break up building massing to
create an authentic building with richness of detail, and features human -scale
design which is complementary to the City's traditional, historic character.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the project will feature adequate access through two
existing driveways off Del Obispo Street, as well as access between the subject
property and the neighboring property to the south. There will also be an internal
pass-through drive aisle at the front of the property to allow for safe internal
circulation and will eliminate unnecessary turn movements that are currently
occurring on Del Obispo Street.
6. The proposed use and design of the project are compatible with surrounding
existing and proposed land uses and community character, including scale,
intensity, massing, architectural design, landscape design, and other development
characteristics because the proposed restaurant with drive-through is consistent
with existing development to the north and south and retail business across Del
Obispo to the west. Further, the proposed building is of a similar scale and features
similar setbacks to buildings in the nearby vicinity on Del Obispo Street, especially
other fast food restaurants.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano hereby approves Architectural Control 12-012 and Discretionary
Use Permit 13-001 subject to those conditions of approval established by Exhibit A,
attached hereto and incorporated herein.
PASSED, APPROVED, AND ADOPTED this 17th day of December 2013.
e, 1*7
F
SAM ALLEVATO, MAYOR
ATTEST: / .,
MARIA KRIS, CITY'CLEoRK
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. 13-12-17-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17T
day of December 2013, by the following vote:
AYES: COUNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: -COUNCIL MEMBER: None
MARIA MOR;Rj l$,`City Clerk
RESOLUTION # 13-12-17-02
CONDITIONS OF APPROVAL
EXHIBIT A
PROJECT LOG #: AC 12-012, DUP 13-001
PROJECT NAME: McDonald's Restaurant
APPROVAL DATE: December 17, 2013
These conditions of approval apply to the above -referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest of this approval.
General Conditions:
1. The subject project proposes to demolish the existing restaurant building with drive-
through and construct a new 4,739 square foot restaurant building with a double
drive-through and indoor play -place, new landscaping, and a new sign program,
located on a 43,109 square foot parcel, at 31822 Del Obispo Street, generally located
375 feet south of Ortega Highway on the east side of Del Obispo Street, APN 668-
241-06. This project approval is based on and subject to the application materials
prepared by Jim Bickel of Bickel Underwood, Corp., dated and revised to October 1,
2013 including site plan(s), building elevation(s), floor plan(s), preliminary landscape
plans, sign program plans, and any other plans. These plans and the proposed use of
the project site are hereby incorporated by reference into this approval as submitted
and conditioned herein, and shall not be further altered unless reviewed and
approved pursuant to Article 9-2.3, Development Review Procedures of Title 9, Land
Use Code.
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, stamped and signed, if required, only by those
individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano 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 Development Services 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 subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
Resolution #13-12-17-02 Conditions of Approval
AC 12-012 DUP 13-001 McDonald's Page 2 of 17
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 permitting 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
Development Services Department and Building and Safety Division and shall be in
compliance with the approved sign program.
_ 7. 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.
S. The use shall meet the standards and shall be developed within the limits established
by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes,
fumes, or any public nuisances arising or occurring incidental to the establishment or
operation.
9. The applicant shall pay all fees at the time fees are determined payable and comply
with all requirements of the applicable federal, state, and local agencies. The duty of
inquiry as to such requirements shall be upon the applicant.
10. The applicant is responsible for paying required fees to the California Department of
Fish and Game, and any related fee of the County of Orange for processing
environmental documents.
11. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
The following conditions of approval shall be met prior to or in conjunction with the
issuance of any grading permits):
1.1 Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant
shall fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department fee schedule, as last revised, and
post securities to ensure satisfactory performance of proposed on-site and off-
site grading, drainage, landscape and irrigation, erosion and sediment control,
sewer, water, street, and all appurtenant improvements. (PW -ENG)
1.2 Construction Cost Estimate. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review, and obtain approval for, an estimate
of quantity and construction costs prepared by a Registered Civil Engineer. Said
estimate shall include costs for construction of all applicable street
improvements, signing and striping, street lights, storm drains, water, sewers,
recreational trails, landscape, irrigation systems, setting of survey monuments
and centerline ties. (PW -ENG)
Resolution #13-12-17-02 Conditions of Approval
AC 12-012, DUP 13-001, McDonald's Pape 3 of 17
1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant
shall provide Performance Bonds/securities for 100% of each estimated
improvement cost as prepared by a Registered Civil Engineer and approved by
the City Engineer and City Attorney for each applicable, but not limited to, street
improvements, signing, signalization, striping and street lights; storm drains,
sewer, recreational trails, landscaping and irrigation in rights-of-way, private
slopes and open space. In addition, the applicant shall provide Labor and
Materials Bonds/Securities for 100% of the above estimated improvement costs
as determined by the City Engineer. (PW -ENG)
1.4 Gradinq Plans. Prior to issuance of a grading permit, the applicant shall submit
the required number of copies of grading plans, prepared by a Registered Civil
Engineer, to the Engineering and Building Department for review and approval by
applicable departments. These plans shall show, at minimum, the limits of
grading, the drainage, any applicable retention/detention basins, sewer, water,
trails, parkways, streets and all appurtenant improvements. The extent of the
topography shall be extended enough to determine the geological and drainage
impacts to adjacent properties. The elevations shall correspond with the orange
County benchmark datum. All drainage must be treated prior to being conveyed
to the street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System (NPDES) requirements. In addition, the
grading plans shall show the following information: (PW-ENGIDSD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place. (DSD)
b. Show and identify all pedestrian access ways and traffic crossings on the
site plan. Crossings shall be clearly marked, lighted and identified
throughout the interior of the project. Design of these areas shall be
reviewed and approved by the applicable City departments and shall
comply with Title 24 Handicapped Accessibility Standards and City
Building Codes. Where pedestrian aisles cross driveways, enhanced
paving shall be used. (DSD)
C. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (DSD)
d. Location, height, materials and colors of any retaining walls. (DSD)
1.5 Drainage Improvement plans. This project is a priority project; hence Hydro -
modification requirements as identified in the San Diego Regional NPDES permit
apply. Applicant shall provide calculations and demonstrate how
Hydromodification shall be incorporated in the project design prior to any
approval of the project. This requirement is part of the conceptual Water Quality
Management Plan, WQMP approval, and must be submitted, reviewed and
approved prior to obtaining any approval for the project. Prior to issuance of a
grading permit, the applicant shall submit to the City Engineer for review and
obtain approval for Drainage Improvement Plans, specific to the project, which
reflect consistency with the City's Drainage Master Plan. These plans shall show
locations of all existing and proposed facilities. All drainage must be treated prior
to being conveyed to the street or a City approved drainage facility in accordance
with the National Pollutant Discharge Elimination System. If an existing down
stream drainage facility is inadequate, or, in the opinion of the City Engineer, is
Resolution #13-12-17-02 Conditions of Approval
AC 12-012 DUP 13-001, McDonald's Page 4 of 17
not sufficiently save to properly carry the proposed and altered discharge
generated by this project, the applicant shall then design and provide other
alternative methods for properly conveying such discharge, at applicant cost, in a
manner acceptable to the City Engineer. Any deviation from such requirements
shall be subject to City Engineer review and approval. Every proposed drainage
system shall be placed within its proper easement and appropriately dedicated.
(PW -ENG)
1.6 Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a precise
grading permit, the applicant shall submit to the City Engineer for review and
obtain approval for a Storm Runoff Management Plan, prepared by a Registered
Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic
study and calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and without
negatively affecting existing downstream drainage systems and properties. Said
study shall be consistent with the City's Master Drainage Plan in accordance with
all applicable City regulations, OCEMA design criteria, and standards. (PW -ENG)
1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to
the City Engineer for review and obtain approval for a Soils Report/Geotechnical
Feasibility Study prepared by a Registered Geologist and Soil Engineer to
determine the seismic safety and soils stability of all proposed grading and
development improvements for the project and preliminary pavement sections
and substructure bedding/backfill recommendations. (PW -ENG)
1.8 Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review
and shall obtain approval for Erosion and Sediment Control Plans, using Best
Management Practices prepared by a Registered Civil Engineer. These plans
shall show, in accordance with the NPDES Permit, all temporary and/or
permanent erosion and sediment control measures, effective planting of graded
slopes, practical accessibility for maintenance purposes and proper precautions
to prevent public trespass onto certain areas where impounded water may create
a hazardous condition. (PW -ENG)
1.9 Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty cubic
yards in and out of the project site, the applicant shall submit to the City Engineer
for review and obtain approval for, a Haul Route Plan specific to the project and
in compliance with all applicable City standards. The Haul Route Plan shall
specify dates, times, and headways for hauling activities. Prior to
commencement of haul activities, the applicant shall obtain a Haul Route Permit
and pay required fees to the Engineering Department. (PW -ENG)
1.10 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
priority, the applicant shall submit to the City Engineer and obtain approval for
Traffic Control Plans and final improvement plans for all traffic mitigation
improvements, including both on-site and off-site, as identified in the approved
Traffic Study prepared pursuant to City Council Policy 310. Any exception shall
be subject to review and approval by the City Engineer. (PW -ENG)
Resolution #13-12-17-02 Conditions of Approval
AC 12-012 DUP 13-001 McDonald's Page 5 of 17
1.11 Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the
Environmental Division for review and obtain approval for a program complying
with the requirements of the California Integrated Waste Management Act of
1989 to reduce construction and demolition debris through recycling. (PW -ENG)
1.12 Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a precise
grading permit, for any property wholly or partially located within the Special
Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM),
building pad elevations may be required to be constructed above a specific
elevation, which shall be confirmed with the Federal Emergency Management
Agency (FEMA) during Grading Plan Design. (PW -ENG)
1.13 Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-
way improvement permits, the applicant shall provide to the Engineering and
Building Director a letter of verification from the Flood Insurance Administration
(FCA) confirming that the proposed building pad elevations are designed above
the minimum specific elevation required by FIA. (PW -ENG)
1.14 FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to
issuance of grading and right-of-way improvement permits, for any property
wholly or partially located within the 100 -year Flood Hazard Area on the Flood
Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for
review and obtain approval for all documentation required by the Federal
Emergency Management Agency (FEMA) or revision to the FIRM and pay all
preliminary and subsequent fees as required by FEMA. (PW -ENG)
1.15 Drainage Barrier between Slopes and Streets. Prior to issuance of grading
permit, the grading and street improvement plans shall indicate and show that all
street sections located within 20 feet or less, from the toe of the slope of 10' in
height or more, are protected from underground water seepage by providing a
positive drainage barrier system in accordance with City Standard Drawing No.
350. Any exception shall be subject to review and approval by the City Engineer.
1.16 Connection to City Drain must be Documented and Filed. Prior to issuance of
grading permit, any proposed connections to existing public storm drains system,
from on-site drains, must be approved by the City Engineer. All documentation
and revisions to exiting plans, where points of connections are permitted, shall be
provided and submitted by the applicant's engineer at applicant's expense, prior
to acceptance to improvements and release of performance securities. (PW -
ENG)
1.17 Water Quality Management Plan (WQMP) Requirements and Compliance. Prior
to final action by City Council on the subject discretionary applications, the
applicant shall submit to the City Engineer for review, and shall obtain approval
for, a Conceptual Water Quality Management Plan (WQMP) specifically
identifying structural, non-structural and Treatment Control Best Management
Practices (BMP's) that will be used on-site to control predictable pollutant runoff.
The applicant shall obtain and follow the City of San Juan Capistrano's WQMP
outline and instructions. The applicant shall also comply with all the requirements
of the latest NPDES Permit, the City's Water Quality Ordinance & Local
Resolution #13-12-17-02 Conditions of Approval
AC 12-012, DUP 13-001, McDonald's Page 6 of 17
Implementation Plan and the Clean Water Act. (PW -ENG)
1.18 NPDES Permit for Grading in Excess of one (1) Acre. Prior to issuance of
grading and right-of-way improvement permits, for grading in excess of one (1)
acre, the applicant shall submit a Notice of Intent (NOI) To the California State
Water Resource Control Board for coverage under the State National Pollutant
Discharge Elimination System Program (NPDES) General Permit for storm water
discharges associated with development/construction activity in excess of one (a)
acre of land. Evidence that this requirement has been met shall be submitted to
the City Engineer by providing the WDID number and showing it on the grading
plans. (PW -ENG)
1.19 Public facilities located in easements. Prior to issuance of grading permits, all
public facilities such as drainage, sewer, and water shall be designed to be
located within the public right-of-way or within dedicated easements, as approved
by the City Engineer. (PW -ENG)
1.20 Existing Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s), If this requirement cannot be accomplished, the project shall
be redesigned accordingly as approved by the City. (PW -ENG)
1.21 Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage
acceptance letter from each affected property owner shall be submitted to the
City Engineer when the pre -developed storm runoff onto any adjacent property is
increased, concentrated, diverted, or changed in any form as required by State
law. Any request to deviate from this requirement shall be subject to review and
approval by the City Engineer. (PW -ENG)
1.22 Archaeological/Paleontological Monitoring. Prior to issuance of a grading permit,
the applicant shall submit to the Development Services Department
documentation that a qualified archaeologist and paleontologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County and as a
paleontologist on the List of Certified Paleontologists for Orange County,
respectively) has been retained to monitor grading or excavation activities at
depths greater than 18", unless there is documentation demonstrating prior
disturbance of the area, stating the name, qualifications, and contact information
for the archaeologist. (DSD)
1.23 Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way, emergency
access including the spine access road, traffic/parking study, and the on-site
driveway and loading zone emergency access areas of the proposed project
shall be reviewed and approved by the Orange County Fire Authority (OCFA).
1.24 Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall obtain from the Orange County Fire
Authority (OCFA) the required fire flow demands and the fire protection
requirements to serve the subject project and shall provide evidence of
satisfactory fire flow. (OCFA)
Resolution #13-12-17-02 Conditions of Approval
AC 12-012, DUP 13-001, McDonald's Pane 7 of 17
1.25 County Surveyor Requirement. Prior to any construction, existing controlling
monumentation shall be protected by tying it out and filing Corner Records with
the County Surveyors Office showing those ties prior to construction. The
applicant shall replace said monumentation in the new surface following
construction, and again file a Corner Record with the County Surveyors Office
showing the final monumentation. (PW -ENG)
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
2.1 Applicable Codes. Prior to issuance of building permits, plans for this project
shall be submitted to the Building and Safety Division for review and approval,
and shall comply with the latest City -adopted edition of the applicable building
codes. (B&S)
2.2 Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Building and Safety Division for review and approval by all applicable
departments. Such plans shall be fully dimensioned (24"X36") and in substantial
conformance with those plans approved by the Planning Commission, City
Council, and/or Development Services Director (as applicable). Plans shall
address the following: (DSD)
a. The final conditions of approval shall be incorporated into the construction
plans and shall be reproduced on the front page of the construction plans.
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating units,
utility boxes, and backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
design. All roof -mounted equipment shall be screened from view by
parapet walls or other architectural means. The applicant shall
demonstrate to the satisfaction of the City Planner that no roof -mounted
equipment will be visible from the public right-of-way. Screening shall be
compatible with main structures and include landscaping where
appropriate.
C. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building
architecture.
e. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment shall
be screened from public view, Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD)
2.3 Street Improvement Plans. Prior to issuance of building permits, the applicant
shall submit to the City Engineer for review and obtain approval for Street
Resolution #13-12-17-02 Conditions of Approval
AC 12-012 DUP 13-001, McDonald's Page 8 of 17
Improvement Plans prepared by a Registered Civil Engineer. Said plans shall be
designed per City standards and shall show all existing and proposed
improvements, including but not limited to street grades, applicable traffic
calming devices, striping, signage, signalization, storm drain, sewer, water, and
all related appurtenances. In addition, the Street Improvement Plans shall show
the following required improvements for this project: (PW -ENG)
a. Sidewalks shall be provided along the street frontage along Del Obispo
Street. Sidewalks shall be a minimum width of five (5) feet, and shall
meet all requirements for disabled access. A landscaped parkway of no
less than five (5) feet shall be located between edge of curb and
sidewalk. Any deviation from City sidewalk requirements shall be
reviewed and approved by the City Engineer.
b. Street lights shall be provided per City standards (Mission bell fixtures on
marbelite poles.
2.4 Traffic Control & Improvement Plans. Prior to issuance of building permits, the
applicant shall submit to the City Engineer for review and obtain approval for
Traffic Improvement Plans prepared by a Registered Traffic Engineer. These
plans shall show all striping, signage, signalization, and related appurtenances.
(PW -ENG)
2.5 Access Rights Dedication. Access rights shall be granted to the City for the
purpose of allowing access over private drives within the development for all City
vehicles, including police, fire, and other emergency vehicles. The document(s)
recording this access shall be prepared by the applicant for review and approval
by the City Engineer, prior to recordation. (PW -ENG)
2.6 Sewer and Water Plans. Prior to the issuance of right-of-way improvements
permits, the applicant shall submit to the City Engineer and the Public Works
Director for review, and shall obtain approval for, sewer and water plans
prepared by a Registered Civil Engineer. These plans shall be specific to the
project and shall reflect consistency with the City's Sewer and Water Master
Plans, City municipal codes, standards, specifications, and City water standard
specifications. The sewer plans shall indicate that all proposed sewer manholes
shall be lined with polyurethane, or equal approved material, at the applicant's
cost to the satisfaction of the City Engineer. (ENG/PW)
2.7 Wastewater Feasibility Study. Prior to issuance of building and right-of-way
permits, the applicant shall submit to the City Engineer, for review and obtain
approval for, a Wastewater Feasibility Study, prepared by a Registered Civil
Engineer, which evaluates the proposed development project and mitigates its
anticipated impact on the existing Wastewater facilities system. Said study shall
be consistent with the City's Master Plan of Wastewater Facilities and the Special
Provisions for the Construction of Sanitary Sewers. (PW -ENG)
2.8 On -Site Utility Plans. Prior to issuance of building permits and approval of on-site
utility plans, the applicant shall obtain approval of said plans by the City
Engineer, and shall obtain approval for a Site Plan prepared by a Registered Civil
Engineer showing the sewer and water service lines and their corresponding
points of connection with the City public main lines. The site plan shall include
Resolution #€13-12-17-02 Conditions of Approval
AC 12-012, DUP_1.3-001, McDonald's Page 9 of 17
the trash enclosure(s) that shall be covered with solid roof; its floor surface shall
be connected to the sewer system through an inlet in the center with a traffic
rated grate, and a concrete apron shall be constructed in front of the trash
enclosure. The site plan shall be specific to the project which reflects consistency
with the City's Sewer and Water standards. (PW -ENG)
2.9 Dry Utilities. Prior to issuance of building permits and approval of dry utility plans,
the applicant shall submit to the City Engineer, for review and obtain approval for,
Electrical Gas, Telephone and Cable Television Installation Plans which include
the size and location of all above ground pedestal, to ensure compatibility with
existing and proposed improvements. Pedestals shall be located in areas with
limited visibility to the general public, and screened with landscaping to the extent
feasible. The applicant shall coordinate with utility providers to ensure that
required public improvements are not in conflict with existing or proposed utilities,
and that utility devices may be screened on the site to the extent practicable. Any
exception shall be subject to review and approval by the City Engineer.
2.10 Water System Improvements. Prior to the issuance of any building permits, the
applicant shall complete the construction of all domestic water system
improvements, non-domestic (recycled) water system improvements, and
irrigation improvements required to serve the subject project in compliance with
the Municipal Codes, standards, specifications, the Rules and Regulations for
Users of Non-domestic Water and the City's water standard specifications.
(UTIL)
2.11 Non-domestic Water Service Connection. Prior to the issuance of a building
permit, the project applicant shall construct a separate water service connection
that is adequate to provide the necessary water demand for irrigation and
landscaping. This water service connection shall be to a City maintained water
main pipeline as specified by the Utilities Department. These connections shall
be subject to the submission, review, and approval of civil improvement plans
and the irrigation/landscape plans. The irrigation facilities shall be designed in
accordance with the City of San Juan Capistrano's Water Standards and
Specifications, Rules and Regulations for Users of Non -Domestic Water, and the
Municipal Code § 9-3.617 (Water Conservation Landscape). The design shall
include improvements that are identified for use of non-domestic water (recycled
water) and shall be connected to non-domestic water facilities when they become
available. (UTIL)
2.12 Water Improvement Agreement. Prior to the issuance of permits for any water
improvements, the applicant shall execute a Water Improvement Agreement with
the City, shall pay all applicable domestic and non-domestic Water Development
Charges in accordance with the Water Department Schedule of Rates and
Charges, as last revised, and shall post the required securities to insure
satisfactory performance of proposed public water improvements in compliance
with City water standard specifications. (UTIL)
2.13 Covenant In -lieu of Dedication of Water Rights. Prior to the issuance of permits,
the applicant shall record a lessee covenant that it will not develop any wells or
other means of using the water rights associated with this property (hereon
referred to as "Well Development"), nor shall it allow any other party to conduct
Resolution #13-12-17-02 Conditions of Approval
AC 12-012 DUP 13-009 McDonald's Page 10 of 17
Well Development, for the term of the applicant's lease or use of the land. The
Water Division or its designee shall be the sole water service provider for any
and all improvements made on the land during the term of the applicant's lease
of the land. The language of the covenant must be approved by the City prior to
recordation. The covenant must be recorded with the County Recorder prior to
issuance of building permits. (UTIL)
2.14 Historic Depiction Program/Monumentation Plan. Prior to issuance of any
building permits, thirteen copies of the historic depiction program including
wording on all monumentation, shall be submitted to Development Services Staff
for review and approval pursuant to City Council Policy 606. Prior to issuance of
a Certificate of Occupancy, the Historic Depiction Program (HDP) shall be
installed and inspected for compliance with the approved design. (DSD)
2.15 Final Landscape Plans. Prior to issuance of building permits, final landscape
plans shall be submitted to the Development Services Department for review and
approval. Plans shall include all project entries, parking areas, landscaped
slopes, common open areas, etc. Final landscape plans shall show the following
information and shall be consistent with the Planning Commission and/or City
Council -approved preliminary landscape plans (DSD)
a. Type, location, and size of all proposed plant material. Proposed
landscaping shall incorporate water conservation techniques and use
California native or friendly drought -tolerant plants.
b. All existing on-site trees approval for removal and all existing trees to be
preserved consistent with the approved preliminary landscape plans.
C. Turf shall only be permitted based on a determination by the City that no
other groundcover is suitable for the proposed site location and
application. Where tuf is permitted by the City, turf areas shall consist of
a drought -tolerant turf (e.g. UC Verde "Buffalo" grass) and shall be
separated from non -turf areas by a mow strip or header.
d. All slopes of 2:1 and greater shall be permanently landscaped for erosion
control.
e. Backflow devices and utility pedestals shall be located in visually
inconspicuous areas and/or visually screened with landscaping.
f. Decorative hardscape and walkways indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall be
used.
g. Location, height, materials and colors of all proposed and existing walls
and fences.
h. Location and details for all street furniture including bicycle racks,
benches, water features, trash receptacles, required historic depiction
program elements, etc. The plan shall provide racks for a minimum of six
(6) bicycles.
i. Design details and locations of all solid waste enclosures which shall be
of decorative design and compatible with the main structures.
j. Trees shall be located so as to provide shade throughout parking lots
consistent with the Planning Commission -approved preliminary landscape
plans.
k. Where landscape planters abut the sides of parking spaces, they shall not
extend within three feet (3'-0") of the aisle edge. Wherever a landscaped
Resolution #13-12-17-02 Conditions of Approval
AC 12-012, DUP 13-001, McDonald's Page 19 of 17
planter is located adjacent to a parking space, a twelve inch (12") -wide,
paved "landing" strip shall be provided to accommodate
drivers/passengers accessing vehicles. Landscape planters shall have a
minimum interior width, measured from inside -of -curb to inside -of -curb, of
three feet (3'-0") where no "landing" is required; four feet (4'-0") where a
"landing" is required on one side; and five feet (5-0") where "landings" are
required on both sides.
I. Sidewalks adjacent to head -in spaces shall have a minimum width of
seven feet (7'-0") unless the parking stalls are provided with wheelstops
that prevent vehicles from overhanging sidewalks.
M. All landscape areas adjacent to head -in spaces shall have a minimum
width of four feet, six inches (4'-6") unless the parking stalls are provided
with wheelstops that prevent vehicles from overhanging the landscape
area.
n. All landscaping shall be provided with a permanent, automatic irrigation
system designed for water conservation.
o. Decorative pavers shall be provided in the front area of the property,
specifically within the outdoor dining area, internal pass-through lane, and
adjacent to the public sidewalk, consistent with the approved site plan.
Final paver color and style shall be subject to review and approval by the
Development Services Director.
2.16 Final Lighting & Photometric Plans. Prior to issuance of building permits, the
applicant shall submit the final lighting & photometric plan for the project for
Development Services Department review and approval. Plans shall include the
following information and meet the following requirements: (DSD)
a. Show the location of all light standards and fixtures, free-standing and
building -mounted, that illuminate the parking area and other areas
accessible to the public and the proposed illumination levels in
footcandles (fc) extending five (5) feet beyond the property line.
b. Illumination levels shall comply with the Lighting Standards of Title 9,
Land Use Code,
G. Building -mounted fixtures shall be mounted below the roof eaves or at a
height no greater than 20 -feet, whichever is less. Free-standing (pole -
mounted) luminaires shall not exceed a maximum height of 20 -feet and
shall be a decorative fixture which complements the building architecture.
"Shoe -box" fixtures are not acceptable.
d. Illumination shall be either metal halide or high-pressure sodium (HPS) or
similar. Mercury vapor and halogen lights are expressly prohibited.
e. Shielding shall be required so that light measured within 5 feet of the
outside of the property boundary shall not exceed 0.1 footcandle. Exterior
lighting fixtures that would be visible from adjacent residential areas shall
be shielded or oriented so that the light source is not visible from those
areas.
f. Exterior lighting shall be reduced to the extent feasible during hours that
the use is not in operation.
g. The design of all fixtures shall be consistent with existing City -approved
design plans for the property. The City may refer lighting plans to the
Planning Commission for review and approval.
Resolution #13-12-17-02 Conditions of Approval
AC 12-012 DUP 13-009, McDonald's Pape 12 of 17
2.17 Water Availability. Prior to the issuance of any building permits, the applicant
shall provide evidence of adequate fire flow. The "Orange County Fire Authority
Water Availability for Fire Protection" form shall be signed by the applicable water
district and submitted to the Fire Chief for approval. (OCFA)
2.18 OCFA Review of Architectural_ Building Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval
of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal
Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
2.19 Fire Alarm. System. Prior to the issuance of a building permit, plans for the fire
alarm system shall be submitted to the Fire Chief for review and approval. Please
contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy
of the "Guideline for New and Existing Fire Alarm Systems." This system shall be
operational prior to the issuance of a certificate of use and occupancy. (OCFA)
2.20 Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit, the
applicant shall submit plans for the required automatic fire sprinkler system in all
structures to the Fire Chief for review and approval. Prior to the issuance of a
certificate of use and occupancy, this system shall be operational in a manner
meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-
6100 to request a copy of the "Orange County Fire Authority Notes for New
NFPA 13 Commercial Sprinkler Systems." (OCFA)
2.21 Fire Access Roads. Prior to the issuance of a building permits, the applicant shall
submit a Fire Master Plan and obtain approval of the Orange County Fire
Authority for all fire protection access roads to within 150 feet of all portions of
the exterior of every structure on site. The plans shall indicate the locations of red
curbs and signage and include a detail of the proposed signage including the
height, stroke and colors of the lettering and the contrasting background. The
plans shall also indicate the location(s) of all fire hydrants proposed for the
project. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to
obtain a copy of the "Guidelines for Emergency Access." (OCFA)
2.22 Hazardous Materials. Prior to the issuance of a building permit, the applicant
shall submit to the Fire Chief a list of all hazardous, flammable and combustible
liquids, solids or gases to be stored, used or handled on site. These materials
shall be classified according to the Uniform Fire Code and a document submitted
to the Fire Chief with a summary sheet listing the totals for storage and use for
each hazard class. Please contact the OCFA at (714) 573-6100 or visit the
OCFA website to obtain a copy of the "Guidelines for Completing Chemical
Classification Packets.° (OCFA)
The following conditions shall be met continuously during construction and prior to
issuance of any certificate of occupancy:
3.1 Compliance with approved plans. At all times during construction, the applicant
shall ensure compliance with approved construction mitigation plans, including:
(PW -ENG)
Resolution #13-12-17-02 Conditions of Approval
AC 12-012, DUP 13-001, McDonald's Pape 13 of 17
a. Erosion Control Plan
b. Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(DSD)
3.2 Pre -construction Meeting. Contractor shall attend a pre -construction meeting with
the Building and Safety Division prior to commencement of any construction on
the site. (PLN-B&S)
3.3 Drainage Problems. During the entire grading a construction operation, the
applicant shall adhere to the following conditions to address unforeseen drainage
issues: (PW -ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (PW -ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW -ENG)
3.4 Grading to be continuous operation. All grading work shall be performed in either
one continuous operation or in phases that have been approved by the City.
(PW -ENG; DS-B&S)
3.5 Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW -ENG)
3.6 Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00
p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday.
Construction activity shall not be permitted on Sundays or any Federal
holiday.(DSD)
3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
3.8 Archaeological Monitor. A qualified archaeologist (defined as an archaeologist on
the List of Certified Archaeologists for Orange County) shall be retained by the
project applicant and shall be present at pre -construction meetings to advise
construction contractors about the sensitive nature of cultural resources located
on and/or in the vicinity of the project site, as well as monitoring requirements. A
qualified monitor (defined as an individual with a bachelors degree in
anthropology with archaeological monitoring experience), supervised by the
qualified archaeologist, shall observe on- and off-site construction activities that
result in grading, and/or excavating 18 -inches below the original ground surface
(including during project -related off-site utility [natural gas, electricity, sewer,
water, drainage, communications, etc.] and roadway improvements). Should
Resolution #13-12-17-02 Conditions of Approval
AC 12-012, DUP 13-001, McDonald's Page 14 of 17
nonhuman cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified archaeologist
can determine if the resources are significant and, if significant, until recovered
by the archaeologist. In the event that human remains are discovered,
construction activities shall be halted or diverted until the provisions of §7050.5 of
the Health and Safety Code and §5097.98 of the Public Resources Code have
been implemented. (DSD)
3.9 Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, and/or trenching 18 -inches below the original ground
surface (including during project -related off-site utility [e.g., natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that evidence
of human remains is discovered, the Native American monitor shall verify that the
archaeologist has notified the Coroner. (DSD)
3.10 Paleontological Monitoring. A qualified monitor (defined as an individual with a
bachelors degree in paleontology and monitoring experience), supervised by the
qualified paleontologist, shall be on-site during construction activities that result
in the grading and/or excavating 18 -inches below current surface material
(including during project -related off-site utility [e.g., natural gas, electricity, sewer,
water, drainage, communications, etc.] and roadway improvements) to monitor
for paleontological resources. Should paleontological resources be discovered,
the monitor shall have the authority to temporarily halt or divert construction
activities until the qualified paleontologist can determine if the resources are
significant. Significant paleontological resources shall be recovered by the
qualified paleontologist. (DSD)
3.11 Emergency Access Road. An emergency access road with two points of ingress
and egress is required to serve this project during all phases. Access roads shall
be a minimum of twenty (20) feet of pavement or other all-weather surface as
approved by the City Engineer. Any request to deviate from this requirement
shall be subject to review and approval by the City Engineer. (PW -ENG)
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
4.1 Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release of
performance securities, whichever occurs first, the applicant shall complete, to
the satisfaction of the City Engineer, all facility improvements required and
necessary to serve the development in accordance with the approved plan and
approved exceptions. In the case of a phased project, the provisions of this
condition shall be applied to each phase (PW -ENG)
4.2 Provide As -Built Mylars/Digital Format. Prior to acceptance of improvements and
release of performance securities, the applicant shall submit to the City Engineer
for review and obtain approval for the reproducible "As Built" Duplicate Mylar
Resolution #13-12-17-02 Conditions of Approval
AC 12-012, DUP 13-001, McDonald's Page 15 of 17
Plans of all improvement works completed and accepted. Said plan shall be
prepared by a. Registered Civil Engineer. Additionally, the applicant shall submit
digital copies of all "As Built" plans, at no cost to the City, in accordance with the
latest edition of the City of San Juan Capistrano Digital Submission Standards.
(PW -ENG)
4.3 Monumentation Restored and Corner Records Filed with County. Prior to
acceptance of improvements and release of performance securities, the
applicant's surveyor shall set all required monumentation during construction.
Monumentation and corner records shall be submitted to the City Engineer and
filed with the County Surveyor in compliance with AB 1414 and Section 8771 of
the Business and Professional Code. (PW -ENG)
4.4 Record Drawings. Prior to the acceptance of water, sewer, storm drain, and
street improvements and release of performance securities, the applicant shall
submit to the Public Works Director for review and obtain approval for
reproducible "Record Drawing" mylar plans that call out any deviations from the
signed plans of all the domestic water system, non-domestic (recycled) water
system, and the landscape irrigation system, sewer, These "Record Drawings"
are also required in digital format, at no cost to the City, in accordance with the
latest edition of the "City of San Juan Capistrano Digital Submission Standards."
(PW)
4.5 Reolace Drivewav and Curb Depressions with Sidewalk and Curbs. Prior to
acceptance of improvements and release of performance securities, the
applicant shall remove any existing drives and/or curb depressions that are
determined to be unnecessary by the City Engineer and shall replace them with
full height curb and sidewalks. (PW -ENG)
4.6 Curb and Gutter Repair. Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged during
construction may require to be repaired or replaced by the applicant, depending
on the condition of these improvements prior to and after construction. (PW -
ENG)
4.7 Solid Waste Reduction/Recycling Reduction/RecyclingManagement Program. Prior to approval of
final inspection of each phase, the project applicant shall coordinate with City
staff and develop and implement a Solid Waste Reduction/Recycling
Management Program for the project site. Features of the program shall include,
but not be limited to: 1) distribution of separate receptacles for recyclables and
trash throughout the project site; 2) separate dumpsters for recyclables and
trash; 3) signs posted near all receptacles conveying information regarding
recyclable materials; 4) sorting of trash collected throughout the project site by
facilities staff prior to dispensing in dumpsters; and, 5) restrictions on product
type that will be offered at concessions or vending throughout the project site.
(PLN/ENG)
4.8 Dedication of Water Facilities. Prior to final inspection of water improvements and
use of the site, the applicant shall dedicate to the City, at no cost to the City, all
public water facilities and pertinent easements. (PW)
Resolution #13-12-17-02 Conditions of Approval
AC 12-012 DUP 13-001 McDonald's Pae 16 of 17
4.9 Installation of Landscaping. Prior to approval of final inspection the developer
shall install all landscaping and irrigation. The developer shall provide a
certification, from a licensed Landscape Architect, stating that the landscape
materials and irrigation system (tested for full coverage) have been planted and
installed in compliance with the approved landscape plans. Additionally, all
bicycle racks, pedestrian walkways, seating, and other improvements shown on
the Final Landscape Plan shall be installed to the satisfaction of the Development
Services Department. (DSD)
4.10 Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all improvements
cannot be installed prior to occupancy, the City may approve a Deferred
Improvement Agreement to defer the completion of the improvements provided
that a bond, cash deposit, or other surety in a form and substance approved by
the City Attorney, is submitted to the City in lieu of installation of the
improvements, that application and required fees are submitted, and that the
incomplete improvements will not create an unsafe condition on the site. The
term of the deferral shall be as determined by the City Planner. (DSD)
4.11 Final Cultural Resource Reports. Prior to final inspection by the Development
Services Department, the applicant shall submit evidence that final reports for
any historical, cultural, archaeological or paleontological resources recovered
from the project site during grading or construction have been filed with the
appropriate information repository. Reports shall include information on
disposition of resources. (DSD)
4.12 Final Planning Inspection. Prior to application for a final occupancy permit, the
applicant shall schedule a final inspection by the Development Services
Department, and shall pay any outstanding balance in the Developer Deposit
Account assigned to this application. Development Services Department shall not
conduct a final inspection until any outstanding balance has been paid in full.
(DSD)
4.13 Fire Extinguishers. Prior to final inspection by the orange County Fire Authority
(OCTA), fire extinguishers shall be required in accordance with the Uniform Fire
Code. The applicant shall contact the Fire Department for the requirements
pertaining to the number, type, and placement of fire extinguishers. All fire
extinguishers shall have current California Fire Marshal service tags. (OCTA)
4.14 Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking
— Fire Lane" as approved by the Fire Department. (OCFA)
4.15 Gates. Entrance and exit gates shall be equipped with an entry system approved
by the Fire Department. Gate widths shall be not less than twenty (20) feet.
Entrance gates shall be operated by a punch pad capable of accepting a
separate Fire Department code, and an "opticom" compatible gate operation
system. The gate operation shall provide for periods of power outage. (OCFA)
4.16 Utility Undercrounding_ Prior to issuance of certificate of occupancy, the applicant
Resolution #13-12-17-02
AC 12-012. DUP 13-001. McDonald
Conditions of Approval
shall underground, at no cost to the City, the overhead utility lines within the
property and along its street frontage(s) to the satisfaction of the City Engineer,
Any exception to, or deviation from this condition shall be subject to review and
approval by the City Engineer. (PW -ENG)
4.17 Water Quality Management Plan compliance: Prior to issuance of certificate of
occupancy, the applicant shall provide a certification letter by its civil engineer of
record certifying that all best management practices identified in the Water
Quality Management Plan have been installed per plan and are operational. The
letter of certification shall be provided to the Environmental Division of the
Utilities Department. (UD -ENV)
The following ongoing conditions shall be complied with at all times after completion of
the project.
5.1 Business License. The applicant, tenants, or successors in interest shall comply
with the City's business license requirements. (DSD)
5.2 Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DSD)
5.3 Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by Section 9-3.531. Noise standards (residential and non-residential) of
the Municipal Code. (DSD)
5.4 Future Parking Demand. In the event that future land uses require additional
parking, the applicant must obtain the necessary land use approval that
demonstrates that sufficient parking is being provided for all land uses within the
building or on the property. (DSD)
Responsible Departments/Agencies:
DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW&UD: Public Works and Utilities Department
PW&UD-PW: PW&UD Public Works Division
PW&UD-UTIL: PW&UD Utilities Division
PW&UD-ENV: PW&UD Environmental Division
OCFA: Orange County Fire Authority