PC Resolution-04-09-14-02PC RESOLUTION NO. 04-09-14-2
TEMPORARY USE PERMIT 04-15 (MARBELLA COUNTRY CLUB OUTDOOR EVENTS) u
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING APPROVAL OF A PROPOSED TEMPORARY USE TO
CONDUCT OUTDOOR PATIO EVENTS AT THE MARBELLA COUNTRY CLUB
CLUBHOUSE LOCATED ON 8.97 ACRES AT 30800 GOLF CLUB DRIVE
APPROXIMATELY 1700 FEET EAST OF RANCHO VIEJO ROAD ON THE NORTH SIDE
COUNTRY CLUB).
OF GOLF CLUB DRIVE (ASSESSORS PARCEL NUMBER 650-611-02)(MARBELLA
Whereas, Marbella Country Club has requested approval of a temporary use
permit to allow outdoor patio events at the Valencia and Pacific terraces on property
located at 30800 Golf Club Drive, San Juan Capistrano, CA 92675 which is General Plan-
designated Recreation Commercial and classified as Planned Community (Comprehensive
Development Plan 86-4) on the Official Zoning Map; and,
Whereas, Section 9-2.347 of the City’s Municipal Code grants the Planning
Director authority to classify uses and structures as temporary uses based upon findings
that such uses will not exceed one year, will be compatible with adjoining properties, will be
consistent with the General Plan, and are inherently temporary without the potential to
become permanent; and,
u Whereas, the Planning Director has received a number of letters in
opposition to the proposed temporary use and has referred the item to the Planning
Commission for consideration; and,
Whereas, the Planning Commission conducted a duly-noticed public meeting
on September 14, 2004 pursuant to the provisions of Title 9, Land Use Code, Section 9-
2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department
Policy 510 to consider public testimony on the proposed project and has considered all
relevant information and public comment.
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 use is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Land Use Element in that outdoor events,
such as weddings and parties, are consistent with the General Plan designation for
commercial recreation. As conditioned, the proposed use will be consistent with the
Noise Element of the General Plan because the amplified noise associated with the
PC Resolution 04-09-14-2 2 September 14,2004
L/ outdoor activities will be adequately mitigated to meet the City’s noise ordinance
standards or the permit will be revoked.
2. The proposed project complies with all applicable provisions of the Land Use Code
because conditions of approval have been included in this resolution to mitigate the
noise impacts associated with the outdoor events in accordance with the noise
standards in Section 9-3.531 of the City’s Municipal Code .
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the temporary use permit
subject to the following mitigation measures and conditions of approval:
Conditions of Approval
1. The temporary use permit is approved for the events listed on the attached
letter from the applicant.
2. The temporary use permit shall expire October 14,2004.
3. Applicant shall use their noise mitigation panels for all outdoor events using
amplification, music, and/or a PA system.
4. Any noise generated from the outdoor event shall comply with the noise
standards of Section 9-3.531 of the City’s Municipal Code.
5. Outdoor events that exceed the Municipal Code noise standards shall be
required to be moved indoors.
6. Outdoor amplified events shall be restricted to the following hours of
operation, and amplified outdoor events occurring at any other times must be
conducted in the club house’s indoor banquet facilities:
Mondays through Thursdays: 12 p.m. - 9 p.m.
Fridays and Saturdays: 10 a.m. - 10 p.m.
Sundays: 12 p.m. - 9 p.m.
7. Exterior noise levels created by any outdoor activity at the club house shall
not cause the noise level within any residential areas to exceed 60 dB(A)
between 7 a.m. - 7 p.m., 50 dB(A) from 7 p.m. - 10 p.m., and 40dB(A) from
10 p.m. - 7 a.m., as measured from a point within the affected property.
8. Any violation of Section 9-3.531 of the City’s Municipal Code noise standards
or applicant’s failure to comply with the approved hours of operation and
noise standards for outdoor amplified events set forth in item (6) may result
PC Resolution 04-09-14-2 3 September 14,2004
L
9.
IO.
in immediate revocation of the temporary use permit by the Planning
Director.
The City shall select an acoustical engineer, at the expense of Marbella
Country Club, to monitor the sound levels of the outdoor events held at the
project site through October 14, 2004. Said monitoring shall be conducted
periodically for the duration of the events from four separate locations within
the affected adjacent residential neighborhoods.
The Planning Commission will review the temporary use permit at their
meeting of October 26, 2004 to review the acoustical engineer’s monitoring
results to consider (I) whether the applicant adequately mitigated the
amplified noise from the outdoor events to meet the City’s noise ordinance
standards, and (2) whether to extend the temporary use permit through
December 31,2004.
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 5 p.m. on Wednesday,
September 29,2004. This project approval shall be valid from the date of approval of this
resolution, and shall expire on October 14, 2004.
L, PASSED, APPROVED AND ADOPTED this 14th day of September, 2004, by
the following vote, to wit:
AYES: Cardoza, Cohen, Drey, Ratcliffe
NOES: None
ABSTAIN: None
ABSENT: Neely
Molly Bo@, Plaklhing Director & Secretary
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