PC Resolution-04-05-25-02PC RESOLUTION NO. 04-5-25-2
MODIFICATION TO CONDITIONAL USE PERMIT 03-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT
MODIFICATION TO ALLOW “TAVERN & BREWPUB” USE AND “LIVE
ENTERTAINMENT’ USE AT 31781 CAMINO CAPISTRANO, SUITE “201
& 202” IN THE FRANCISCAN PLAZA (ASSESSOR’S PARCEL NUMBER
121-150-27) (MISSION WINERY)
WHEREAS, Gary Thornberg requests a modification to his current conditional
use permit to allow a “tavern & brewpub use and to allow “live entertainment“ use in
conjunction with Mission Winery located in the Franciscan Plaza. On December 9, 2003,
the Planning Commission approved a conditional use permit for “alcoholic beverage retail
sales (including wine tasting)” to allow retail sales of wine and wine tasting within the
Franciscan Plaza located at 31 781 Camino Capistrano. Mission Winery occupies Suites
201 and 202 on the second floor of the plaza. The property is zoned Tourist Commercial
(CT) District, and is General Plan-designated “3.1, General Commercial” on the General
Plan Land Use Map. The property is also commonly referred to as Assessor Parcel
Number 121-150-27; and,
v WHEREAS, the proposed project has been processed pursuant to Section,
9-2.405, Zoning Administrator procedures 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 issued
a Class 3 categorical exemption and a Notice of Exemption will be posted pursuant to
Section 15062 of the CEQA Guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on May 25, 2004 pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan subject to the recommended conditions of approval
contained herein, because the project site and surrounding area are designated
“3.1, General Commercial” on the General Plan Land Use Map which “provides for
a variety of retail, ofice, and service-oriented business activities serving a
community-wide area and population, as well as broader market area” and the
proposed conditional uses represent service-oriented uses; and;
PC Resolution 04-5-25-2 2 May 25,2004
2. The proposed conditional uses are consistent with the purpose and intent of the
“TC” (tourist commercial) Zone District which is to ‘provide forsmall-scale retail and
service uses within the area immediately adjacent to the Mission San Juan
Capistrano which would serve tourists as well as residents” and conditions
contained herein assure that the proposed conditional uses will remain small scale
and appropriate to the intent of the District.
3. The proposed conditional uses will be compatible with existing, surrounding land
uses because the premises are subject to management oversight by the Franciscan
Plaza property manager to assure other tenants are not adversely affected; and,
because conditions are contained herein that restrict the hours of operation, prohibit
amplified sound, and require a mix of retail uses compatible with the surrounding
land uses.
4. The proposed use will comply with all applicable provisions of Title 9, Land Use
Code including, but not limited to sign regulations because conditions are contained
herein establishing specific deadlines for the applicant to secure necessary sign
permits.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves a conditional use permit
for “tavern & brewpub” use and “live entertainment“ use subject to the following conditions
of approval:
1.
2.
3.
4.
The “tavern & brewpub” use and “live entertainment” use shall be restricted to
Suites 201 and 202 of Franciscan Plaza consisting of 1,330 square feet of leased
tenant space and shall only be conducted within these premises. “Outdoor seating’’
shall be prohibited.
The “tavern and brewpub use shall only be permitted in conjunction with limited
food service use consisting of pre-prepared hot and cold dish plates (e.g. hors
d’oeuvres, fresh vegetables, dips, cheeses, deli meats, crackers, etc.) consistent
with the limitations of the operating permit issued by the Orange County Health
Department. In the event the Health Department permit would expire or otherwise
become null and void, the conditional use permit for the “tavern & brewpub” use
shall also become null and void.
The “tavern and brewpub” use (ABC Type 42 license) area shall only be permitted
to occupy a maximum of 725 square feet consistent with the tenant improvement
floor plan. Furthermore, “alcoholic beverage retail sales“ (ABC Type 20 license)
shall occupy a minimum of 200 square feet consistent with the tenant improvement
floor plan.
“Live entertainment‘’ at the business location shall be restricted to non-amplified
acoustic musical and vocal performances (i.e. singing, stand-up comedy, poetry
PC Resolution 04-5-25-2 3 May 25,2004
reading, etc.) Sound amplification of any type shall be prohibited at all times with the
sole exception of background music not exceeding 60 dBA. “Live entertainment”
shall be limited to a maximum of two musician(s) and/or performer(s). Live
entertainment shall be prohibited from including any use(s) which are subject to the
provisions of Section 9-3.503, Adult oriented business of Title 9, Land Use Code.
5. “Tavern & brewpub uses operating at the business location under the provisions
of a California Alcoholic Beverage Control (ABC) Board (Type 42 license) shall be
restricted to the hours of operation from 11:OO a.m. to 1l:OO p.m., Sunday through
Thursday; and from 1O:OO a.m. to 12:OO a.m., Friday and Saturday. Violation of the
operating hour restrictions may result in the City initiating revocation proceedings
on the conditional use permit for the “tavern & brewpub” use, and the City filing a
formal complaint with the Alcoholic Beverage Control (ABC) Board which may result
in revocation of the Type 42 license.
v
6. The applicant shall submit a complete sign permit application within 7 days of final
approval of the conditional use permit (expiration of the 14 day appeal period), and
secure a valid sign permit within 30 days of final approval. Prior to issuance of the
sign permit, the applicant shall demonstrate that the proposed sign design and
location have been review and approved by the Franciscan Plaza property
management. The design, color, materials, size and location of all signs shall be
consistent with the approved Sign Program for AC 86-08, Franciscan Plaza.
7. If the applicant or operator should violate any California Department of Alcoholic
Beverage Control (ABC) license permit conditions, the City may initiate conditional
use permit revocation hearings and/or business license revocation hearings in
accordance with the provisions of Section 9-2.31 7 and Section 3-1.202(f)(l) of the
Municipal Code.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 p.m., Wednesday, June 9,
2004. This project approval shall be valid for a period of one year from the date of approval
of this resolution, and shall expire on May 25,2005, unless the conditional uses have been
established; or a time extension request has been submitted; or a building permit has been
issued for tenant improvements required by the conditional use, on or prior to that date.
PC Resolution 04-5-25-2 4 May 25,2004
PASSED, APPROVED AND ADOPTED this 25th day of May, 2004, by the
LL
following vote, to wit:
AYES: Commissioners Robert Cardoza, Sheldon Cohen, Gene Ratcliffe, and
Chairman Tim Neely
NOES: none.
ABSENT: none.
Molly Bogh,@lannb Director, Secretary
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