PC Resolution-14-09-30-01PC RESOLUTION NO. 14-09-30-01
CONDITIONAL USE PERMIT (CUP) 14-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A REQUEST FOR A TYPE 20 LICENSE FOR "OFF-
SALE BEER AND WINE" IN CONJUNCTION WITH A RETAIL BUSINESS
INCLUDING OLIVE OIL AND WINE TASTING WITHIN THE BUILDING AT LOCATED
AT 31760 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 124-160-22 AND
124-160-23) (APPLICANT: C.D. MIDDLETON INC., KIMBERLY MIDDLETON)
Whereas, Kimberly Middleton of C.D. Middleton Inc., 26512 Via La Jolla,
San Juan Capistrano, has requested approval of CUP 14-011, We Olive, to allow for
"off-sale wine" in conjunction with an olive oil and wine tasting and retail business
located at 31760 Camino Capistrano at the southeast corner of the Ortega Highway and
Camino Capistrano intersection. The property is referred to as Assessor Parcel Number
124-160-22 and 124-160-23, is General Plan-designated General Comercial and is
situated in the "TC" (Town Center) Zone District; and,
Whereas, San Juan Partners is the owner of real property located at
31760 Camino Capistrano (APN 124-160-22); 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 1 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 has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and
technical studies; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on September 30, 2014 pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the proposed project and has considered all relevant
public comments.
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 Section 9-2.317 of Title 9, Land Use Code of the City of San
Juan Capistrano:
PC Resolution 14-09-30-01 2 September 30, 2014
1. The proposed use and design are consistent with the Land Use Element Policy 1.2,
in that it encourages commercial and tourists oriented development which is compatible
with the land use and improves the generation of sales tax and 3.1 General Commercial
land use designation which permits retail business activities serving a community wide
area and population or broader market; and,
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 off-
sale alcoholic beverages are expressly allowed subject to the approval of a
Conditional Use Permit in the Town Center zoning district; and,
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 site is not being modified in
any way and the project consists only of establishing a new use within an existing
structure; and,
4. The proposed use and the 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, as conditioned, the use will be similar in nature
to other businesses operating in the vicinity, will keep similar hours of operation,
and will be of relatively small scale; and,
5. The site for the proposed use has adequate access and parking to support the
use because the site is located within the City's Historic Town Center Master
Plan "Park-Once" boundary which satisfies all parking requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing
of an appeal application. The appeal period shall expire at 5:00 pm, Wednesday,
October 15, 2014. This project approval shall be valid for a period of 2 years from the
date of approval of this resolution, and shall expire on September 30, 2016 unless a
time extension request or building permit application related to this discretionary
approval is submitted to the City prior to that date.
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
PC Resolution 14-09-30-01 3 September 30, 2014
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 30th day of September, 2014.
Sheldon Cohen, Chairman
Services Director
Project#:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
EXHIBIT A
RESOLUTION#: 14-09-30-01
CONDITIONS OF APPROVAL
CUP 14-011
We Olive
September 30, 2014
October 15, 2014
September 30, 2016
These conditions of approval apply to Conditional Use Permit 14-011 a request for
approval to establish "off-sale beer and wine" in conjunction with a 1,040 square foot
business for tasting and retail sales of olive oil and wine within an existing building. The
subject site is 31760 Camino Capistrano, Suite B, and more specifically referred to as
APN: 124-160-22 and 124-160-23. Any proposed change of use or expansion of the
area or modifications to the site plan or structures shall be submitted to the City
Development Services Department, along with the required application and deposit or
fee, for review. 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. Conditional Use Permit 14-011 is granted to establish and operate "off-
sale beer and wine" in conjunction with a 1 ,040 square foot business for
tasting and retail sales of olive oil and wine within an existing building. The
subject site is 31760 Camino Capistrano, Suite B, and more specifically
referred to as APN: 124-160-22 and 124-160-23. Approval is granted
based on the application materials submitted by Kimberly Middleton on
August 22, 2014. These plans and the proposed use of the site are
approved as submitted and conditioned herein, and shall not be further
altered unless reviewed and approved by the affected city departments.
Minor modifications to this approval which are determined by the
Development Services Director to be in substantial conformance with the
approved site plan, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Development Services Director upon submittal of an application and the
required deposit or fee. If not appealed, this approval shall become
effective on the first business day following the fifteenth ( 151h) day after the
date of the Planning Commission's approval and shall expire September
30, 2016, twenty-four (24) months after the approval unless the use or
occupancy which is the subject of this action has taken place and all
conditions of approval have been met, or a time extension has been
granted by the City. Any application for an extension of time shall be
submitted to the Development Services Department, along with the
required deposit or fee, at least ninety (90) days prior to the expiration
Planning Commission Resolution 14-09-30-01
CUP 14-011 We Olive
Final Conditions of Approval
September 30, 2014
Page 2 of 4
date of this approval, except as otherwise approved by the Development
Services Director.
2. The off-sale beer and wine activities shall not open before 11:00 a.m. and
shall not operate past 11 :00 p.m. Violation of the operating hour
restrictions may result in the City initiating revocation proceedings on the
Conditional Use Permit for the off-sale beer and wine use, and may result
in the City filing a formal complaint with the Alcoholic Beverage Control
(ABC) Board which may result in the revocation of ABC license(s).
3. All activities shall be solely conducted within the building and shall not
include amplified music. No outdoor activities and/or amplified music shall
take place without approval of a Special Activities permit or a modification
to the Conditional Use Permit. All other provisions of Section 9-3.547
Special activities (non-residential) shall apply.
4. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements. The application shall obtain approval from Orange County
Health Care Agency prior to issuance of a City Business License.
5. Prior to occupancy, the Applicant must satisfy and remain in compliance
with all requirements of the Orange County Fire Authority (OCFA).
6. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
7. 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 City
Planner. The City shall promptly notify the applicant of any clairn, 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.
8. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Planning Commission Resolution 14-09-30-01
CUP 14-011 We Olive
Final Conditions of Approval
September 30, 2014
Page 3 of 4
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
9. 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.
10. The use shal.l 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.
11. 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.
12. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department 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 shall be completed prior to or in conjunction with the
issuance of building permits:
13. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City-adopted edition
of the applicable building codes. (B&S)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground-disturbing activity until the use has been
released for occupancy.
14. 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. (ENG)
15. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:30 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.(B&S)
Planning Commission Resolution 14-09-30-01
CUP 14-011 We Olive
Final Conditions of Approval
September 30, 2014
Page 4 of 4
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
16. Final Planning Inspection. 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.
(PLN)
Responsible Agencies: B&S
ENG =
PLN =
PW =
OCFA=
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Date of Approval: September 30, 2014
Resolution No.: 14-09-30-01
Effective Date: October 15, 2014
Applicant Acceptance of Conditions of Approval:
By: