ZA Resolution-03-03-06-01ZA RESOLUTION NO. 03-3-6-1
CONDITIONAL USE PERMIT 03-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR “LIVE
ENTERTAINMENT” AT 31952 DEL OBISPO STREET, SUITE 300 IN THE ALIPAZ
151-08 (EL COYOTITO RESTAURANT).
PLAZA AND COMMONLY REFERRED TO AS ASSESSOR’S PARCEL NUMBER 668-
WHEREAS, The applicants Guillermo and Araceli Sanchez, at 30922
Avenida de la Vista, San Juan Capistrano, CA 92675 has requested approval of
Conditional Use Permit (CUP) 01-12 to allow live entertainment on a property located at
31952 Del Obispo., suite 300, within the Alipaz Plaza. which is General Plan designated
as (Neighborhood Commercial) and classified as NC (Neighborhood Commercial) zone
district on the Official Zoning Map; and,
WHEREAS, Mr. Giacomo J. Zanchi, 16601 Nalu Circle, Huntington Beach,
CA 92649 is owner of certain property described as Assessor’s Parcel Number 668-1 51 -08
and located at 31952 Del Obispo, San Juan Capistrano, CA 92675; and,
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 5 categorical exemption and caused a Notice of Exemption to 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,
L
WHEREAS, the Zoning Administrator has conducted a duly noticed public
hearing on March 6, 2003 pursuant to Section 9-2.31 3 of the Municipal Code to consider
public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano hereby makes the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan; and;
2. The proposed project complies with all applicable provisions of the Land Use Code
subject to conditions of approval contained in this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves Conditional Use Permit 03-01 , subject to the following
conditions of approval:
L
ZA Resolution 03-3-6-1 2 March 6,2003
1.
2.
3.
4.
5.
--
The Zoning Administrator shall retain the right to review the project annually at his
discretion. At such time, the Zoning Administrator shall review the previous year’s
operation of the “live entertainment” use to assure compliance with all conditions.
The Zoning Administrator shall have the authority to amend the conditions or revoke
the conditional use permit provided that prior to any action, a public hearing shall
be held.
The owner/operator shall maintain all doors and windows on the north side of the
building fully closed at all times during “live entertainment” use so as to mitigate
potential noise impacts.
The owner/operator shall maintain necessary accessibility between the “live
entertainment” area, the dining and drinking areas, and food preparation/storage
areas to the satisfaction of the Orange County Fire Authority. The use of
pyrotechnic displays, fireworks, or similar combustible displays shall be prohibited
at all times.
The current maximum legal occupancy of 98 persons shall be observed at all times.
The hours of operation of the “live entertainment” use shall be restricted to Fridays,
Saturdays, and Sundays from 6:OO pm to 11 :00 pm. In addition, the ownerloperator
may conduct up to a maximum of twelve (12) “live entertainment” events per year
during Monday through Thursday and subject to the same time restrictions.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become final following expiration of the fifteen (1 5) day appeal period without filing of an
appeal application. The appeal period shall expire at 5:OO p.m., Friday, March 21, 2003.
The “live entertainment” conditional use must be established within one year of the final
approval date of this permit or no later than March 21 , 2004. Otherwise, this conditional
use permit shall be null and void. The Zoning Administrator may extend the approval time
period for up to additional year, provided a public hearing is held prior to any action taken
on the time extension.
PASSED, APPROVED AND ADOPTED this 6th day of March 2003, to wit:
cup0301 -2A-res-03-3-3-6.wpd
L
William A. Ramsey, AICP, Zoning dmin strator (1