Loading...
PC Resolution-13-10-22-01PC RESOLUTION NO. 13-10-22-01 ARCHITECTURAL CONTROL AC 12-012 DISCRETIONARY USE PERMIT (DUP) 13-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING APPROVAL TO DEMOLISH THE EXISTING BUILDING AND CONSTRUCT A NEW 4,739 SQUARE FOOT 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) (MCDONALDS) 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 which is General Plan -designated Historic Town Center 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 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 that the 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 orthe county clerk until the project has been approved;" and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission 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 far 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 create and adverse conditions for neighboring properties 5. The site for the proposed use has adequate access and parking to support the use 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. Further, the project proposes to meet the minimum requirement of "I 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: 1. 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 forthe 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. 2 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 Planning Commission of the City of San Juan Capistrano hereby recommends approval of the project and subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. Planning Commission also recommends that if the City Council has any issues with the architectural design, then the City Council refer back to the Planning Commission to form an ad-hoc subcommittee to work with the applicant on the architectural design. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS. Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. 3 PASSED, APPROVED AND ADOPTED this 22nd day of October, 2013, by the following vote, to wit: �5'L 6'�­ Sheldon Cohen, Chairman William A. Ramsey, AiCP, Assista D ector Secretary RESOLUTION # 13-10-22-01 CONDITIONS OF APPROVAL EXHIBIT A PROJECT LOG #: AC 12-012, DUP 13-001 PROJECT NAME: McDonalds Restaurant APPROVAL DATE: October 22, 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 to the terms of this approval. General Conditions: 1. The subject project proposes to demolish the existing restaurant building with drive- thru and construct a new 4,739 square foot restaurant building with a double drive- thru 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 #13-10-22-01 Conditions of Approval AC 12-092, DUP 13-001, McDonalds Page 2 of 18 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. 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, 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 permit(s): 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 #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 McDonalds Page 3 of 18 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 Grading 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-ENG/DSD) 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 ##13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 Mc©onalds Page 4 of 18 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, 4CEMA 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 #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 McDonalds Page 5 of 18 1.11 Rec clip /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 (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA. (PW -ENG) 1.14 FEMA Reauirements 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 Slo es 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. 1.15 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 #13-10-22-01 Conditions of Approval AC 12-092 DUP 13-001 McDonalds Page 6 of 18 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/Pa leo ntologicaI 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 #13-10-22-01 Conditions of Approval AC 12-012, DUP 13-001, McDonalds Page 7 of 18 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 #13-10-22-01 Conditions of Approval AC 12-012, DUP 13-401, Mc©onalds Pape 8 of 18 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. 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 #13-10-22-01 Conditions of Approval AC 12-012, ©UP 13-001, Mc©onalds Pape 9 of 18 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. (UTI L) 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 irrigationllandscape 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 #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 McDonalds Pae 10 of 18 Well Development, for the term of the applicant's Pease 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 605. 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 onsite 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 turf 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 minimurn 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 #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-009 McDonaids Pae 19 of 18 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. C, 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 #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 McDonalds Pae 12 of 18 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 #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 McDonalds Pae 13 of 18 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 pians 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 #13-10-22-01 Conditions of Approval AC 12-012, DUP 13-001, Mc©onalds Page 14 of 18 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 bait 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 M tars/Di ital 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 #13-10-22-01 Conditions of Approval AC 12-012 DUP. 13-009 McDonalds Pae 15 of 18 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 Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities the applicant shall submit to the City Engineer, for review and obtain approval for, a video tape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The video shall become the property of the City. Any exception shall be subject to review and approval by the City Engineer. (PW -ENG) 4.6 Rer)lace Drivewav and Curb Deoressions 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) 4.7 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) 4.8 Solid Waste Reduction/Recycling Management 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 Resolution #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-009 McDonalds Pae 16 of 18 type that will be offered at concessions or vending throughout the project site. (PLN/ENG) 4.9 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) 4.10 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) 4.11 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) 4.12 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) 4.13 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) 4.14 Dire Extinguishers. Prior to final inspection by the orange County Fire Authority (OCFA), 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. (OCFA) 4.15 Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking — Fire Lane" as approved by the Fire Department. (OCFA) Resolution ##13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 McDonalds Pae 17 of 1$ 4.16 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) 4.17 Utility Undergrounding. Prior to issuance of certificate of occupancy, the applicant 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). 4.18 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 shalt 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 Applicant Acceptance of Conditions of Approval: Applicant Signature Date Resolution #13-10-22-01 Conditions of Approval AC 12-012 DUP 13-001 McDonalds Pae 18 of 18 Applicant's name/title (print)