PC Resolution-04-11-09-04PC RESOLUTION NO. 04-1 1-94
TEMPORARY USE PERMIT 04-1 5 (MARBELLA COUNTRY CLUB OUTDOOR EVENTS)
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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 650-61 I-OZ)(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,
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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; and,
Whereas, the Planning Commission approved a 30-day temporary use
permit requiring an acoustical engineer to conduct a noise study of the events; and,
Whereas, the Planning Commission requested that the item be rescheduled
for their review following the results of the noise study.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
PC Resolution 04-1 1-9-4 2 November 9,2004
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
outdoor activities will be adequately mitigated to meet the City’s noise ordinance
standards or the permit will be revoked.
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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.
2. -
3.
4.
5.
6.
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The temporary use permit shall expire December 31,2004.
No outdoor events utilizing a P.A. system, amplification and/or music shall be
permitted on the Valencia Terrace.
No outdoor amplified events shall be conducted on the Pacific Terrace without
implementation of the noise mitigation measures recommended by Alliance
Acoustical Consultants, Inc., including partial or full enclosures on the east and west
sides of the tent, positioning of loud speakers away from the east and west
directions, noise barriers, sound system layout modifications, limiting the volume of
amplified music, and utilizing softer background music to reduce the hourly
averaged noise levels.
Any outdoor amplified events shall be required to comply with the City’s noise
standards of Section 9-3.531 of the City’s Municipal Code.
Outdoor amplified events exceeding the City’s noise standards will be required to be
relocated inside the facility.
Outdoor amplified events shall be restricted to the following hours of operation, and
amplified outdoor events occurring at any other times must be conducted inside the
facility:
Mondays -Thursdays: 12 p.m. - 9 p.m.
Fridays and Saturdays: 10 a.m. - 10 p.m.
Sundays: 12 p.m. - 9 p.m.
PC Resolution 04-1 1-94 3 November 9,2004
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7. 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 above may result in
immediate revocation of the temporary use permit by the Planning Director.
8. For City approval to conduct outdoor amplified events on a permanent basis after
December 31,2004, the applicant must submit an application to the City’s Planning
Services Department for discretionary review and obtain City approval of a
Conditional Use Permit.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (I 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 5 p.m. on Wednesday,
November 24,2004. This project approval shall be valid from the date of approval of this
resolution, and shall expire on December 31,2004.
PASSED, APPROVED AND ADOPTED this 9th day of November, 2004, by
the following vote, to wit:
AYES: Commissioners Cardoza, Cohen, Drey, Ratcliffe, and Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: None
Molly BoghJPlanrhftg Director & Secretary
(P:\Planning\Plan sharedDept. Forms\Form-PC-Resolution.wpd)