PC Resolution-19-01-22-04PC RESOLUTION NO. 19-1-22-04
CODE AMENDMENT (CA) 17-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRATNO APPROVE OF CODE AMENDMENT 17-007 AND
CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A
REQUEST TO AMEND THE ORTEGA PLANNED. COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN 78-01, SECTOR A-2, SUBSECTOR 1, TO PERMIT BANQUET
FACILITIES WITH LIVE ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL
USE PERMIT AT 317838 RANCHO VIEJO ROAD (APN 666-261-06/07/0809 AND
PORTIONS OF 666-261-13/14) (APPLICANT: BAD TO THE BONE C/O PRS GROUP)
Whereas, Bad to the Bone, 31738 Rancho Viejo Road, San Juan Capistrano, has
requested approval of a Code Amendment for Ortega Planned Community
Comprehensive Development Plan 78-01, Sector A-2, Subsector 1 to allow banquet
facilities with live entertainment with approval of a Conditional Use Permit concurrently
with a request for approval of CUP 18-007, to allow banquet facilities with live
entertainment at 31738 Rancho Viejo Road Del Obispo Street (Assessor Parcel Number
666-261-06). The subject property, located on the southeast corner of Ortega Highway
and Rancho Viejo Road, has a General Plan Land Use Designation of Neighborhood
Commercial and a Zoning Designation of Planned Community; and,
Whereas, Ortega Village Retail LLC is the owner of real property located at
31738 Rancho Viejo Road (APN 666-261-06); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, The City's Environmental Administrator has determined that the
entire project is categorically exempt from further review under 15301 (a) because the
use will be within an existing restaurant facility, with interior or exterior alterations
involving such things as interior partitions, plumbing and electrical conveyances.
Whereas, a Notice of Exemption (NOE) will be posted should the project
receive final approval; 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 January 22, 2019, 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.
PC Resolution 19-01-22-04 2 January 22, 2019
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
San Juan Capistrano does hereby find that the entire project is categorically exempt from
further review under Section 15301, "Existing Facilities" (Class 1 ). The entire project is
exempt under Section 15301, the proposed code amendment allows for banquet facilities
with live entertainment only in conjunction with the restaurant use and only with a CUP,
so the City will review each banquet use proposal and determine environmental impacts
on a case-by-case basis.
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 9-2.309 of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed Land Use Code amendment conforms with General Plan Goal 1
and Goal 6 because the amendment will diversify the land use composition,
enhance the performance of the Ortega Business Center by generating a
destination venue, and generate sales tax, through venue rentals and food and
beverage sales, and maintain balanced growth through the requirement of a
Conditional Use Permit, ensuring each proposed use remains compatible with the
existing and future land uses and character of the City, as well as ensuring
adequate public facilities and services.
2. The amendment is necessary to implement the General Plan and to provide public
convenience because the locations which banquet facilities with live entertainment
can be located are limited to the Commercial Manufacturing, General Commercial,
and the Historic Town Center Master Plan zones, which are all located on the west
side of the City. Sector A-2, Subsector 1 of the Ortega Planned Community CDP
78-01 offers appropriate opportunities for locations convenient to the public and
remain compatible with surrounding uses.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code because the purpose of Sector A-2 is to provide for the
integration of a broad range of retail and services commercial, and public and
semi-public institutional uses. The allowance of banquet facilities with live
entertainment will allow another commercial use similar to those currently allowed
within the center. Further, consistency will be ensured through the review and
issuance of a conditional use permit.
4. The proposed Land Use Code amendment is reasonable and beneficial at this time
because it encourages orderly development and requires banquet facilities with
live entertainment to be processed through a conditional use permit allowing
adequate review of potential impacts to surrounding areas. Furthermore, the
proposed use conforms to the intent of the development code and is consistent
with the intent to "realize the economic, social, and aesthetic advantages of
combining different types of land uses in a coordinated community design.
PC Resolution 19-01-22-04 3 January 22. 2019
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that the City Council
of the City of San Juan Capistrano adopts amendments to the use table for Sector A-2,
Subsector 1 of the Ortega Planned Community CDP 78-01 through Code Amendment
17-007, incorporated herein as Exhibit A.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
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
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 22nd day of January, 2019.
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EXHIBIT A
City of San Juan Capistrano 12 Ortega Planned Community
II. Planning Sector A-2
A. Purpose and Intent: The purpose of these regulations is to create a high quality planned development
that provides for the integration of a broad range of retail and services commercial, and public and
semi-public institutional uses in accordance with the General Plan, Comprehensive Development
Plan, and PC District Regulations.
B. Uses Provisions
1. Subsection 1
1 a. Subsection 1, Principle Uses Permitted:
a. General retail uses including furniture, home appliances, paint, floor and wall
coverings, auto parts and supplies, bicycles, sporting goods, hobby supplies,
apparel, fabrics, jewelry, cosmetics and pharmaceutical, stationery, flowers, candy,
baked goods, liquor, newspapers, magazines, and similar uses.
b. Commercial service uses include home appliance repair, bicycle repair, cleaning and
dyeing agencies, barber and beauty shops, tailor shops, art and photography
studios, printing blueprinting and reproduction services (excluding newspaper or
other publishing), travel agencies, and similar service uses.
c. Restaurants (drive-in or drive-through restaurants are prohibited), bakeries, ice
cream parlors, delicatessens, small-scale grocery/meat/liquor markets (less than
10,000 square feet).
d. General office uses include professional businesses, real estate, travel agencies,
non-profit and civic organizations, and similar uses.
e. Financial service uses include banks, saving and loan associations, and credit
unions.
f. Medical and dental offices (medical centers/complexes are prohibited).
g. Specialized service uses including linen and diaper supply, office supplies, catering
services, appliance repair, automobile parts and supply, computer and data
processing centers, and industrial products showrooms.
h. Wholesale establishment uses including the sale of products to retailers or other
businesses (general public use prohibited).
i. Product sales including electrical supplies, plumbing supplies, hospital supplies.
j. Weight loss clinics.
k. Personal trainers/fitness consultants.
1 b. Subsection 1, Conditional Uses:
a. Wholesale bakery with retail bakery sales.
b. Religious uses include churches, temples, synagogues, and other places of religious
worship.
c. Business, vocational, and professional schools (including secretarial, art, dance,
drama, music, barber, beauty schools. swimming schools and public/private primary
and secondary schools are prohibited).
d. Public/governmental offices.
e. Banquet facilities, with live indoor entertainment. are permitted to operate in
con junction with a restaurant.
2. Subsection 2
City of San Juan Capistrano 13 Ortega Planned Community
2a. Subsection 2, Principle Uses Permitted:
a. General office uses including professional businesses, real estate, travel agencies,
non-profit and civic organizations, and similar uses.
b. Financial service uses include banks, saving and loan associations, and credit
unions.
c. Medical and dental offices (medical centers/complexes are prohibited).
d. Restaurants.
e. Weight loss clinics.
f. Personal trainers/fitness consultants.
2b. Subsection 2, Conditional Uses:
a. Business, vocational, and professional schools including secretarial, art, dance,
drama, music, barber, beauty (swimming schools and public/private primary and
secondary schools are prohibited).
b. Religious uses include churches, temples, synagogues, and other places of religious
worship.
3. Subsection 3
3a. Subsection 3, Principle Uses Permitted:
a. General office uses including professional businesses, real estate, travel agencies,
non-profit and civic organizations and similar uses.
b. Financial services uses including banks, saving and loan associations, and credit
unions.
c. Medical and dental offices (medical centers/complexes are prohibited).
d. Public and semi-public buildings uses including services and facilities.
e. Restaurants (Drive-in and drive-thru prohibited).
f. Specialized service uses including linen and diaper supply, office supplies, catering
services, appliance repair, printing, blueprinting and reproduction services,
upholstery shops, automobile parts and supply, computer and data processing
centers, industrial products showrooms and plumbing companies.
g. Wholesale establishment uses including the sale of products to retailers or other
businesses (general public use prohibited).
h. Product sales including electrical supplies, plumbing supplies, hospital supplies.
3b . Subsection 3, Conditional Uses:
a. Medical centers or complexes.
b. Wholesale bakery with retail bakery sales.
c. Business, vocational, and professional school uses including secretarial, art, dance,
drama, music, barber, beauty (outdoor facilities, swimming schools, and
public/private primary and secondary schools are prohibited).
D. Operational Standards: per Section 9-3.41 ?(e) ofTitle 9, Land Use Code.
E. Area Plan Requirements: refer to Planning Sector A-1.
F. Development Standards: Per Planning Sector A-1 and as follows:
Minimum setbacks along Rancho Vieio Road
between Ortega Highway and Calle Arroyo: 25 feet.