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PC Resolution-19-01-22-05PC RESOLUTION NO. 19-01-22-05 CONDITIONAL USE PERMIT (CUP) 18-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVAL OF CONDITIONAL USE PERMIT 18-007 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION FOR BAD TO THE BONE TO OPERATE A BANQUET FACILITY WITH LIVE ENTERTAINMENT FOR PROPERTY LOCATED AT 31738 RANCHO VIEJO ROAD (ASSESSOR PARCEL NUMBER 666-261-06) (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 within a 1, 155 square foot area of their existing restaurant, and an adjacent 245 square foot patio 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 sur.h things ;::is intP.rinr rr:irtitions, rh1mhing r=inrl 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. 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 the California Environmental Quality Act per either PC Resolution 19-01-22-05 2 January 22, 2019 State CEQA Guidelines Section 15301; Class 1 "Existing Facilities". The entire project is exempt under Section 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. 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, Subsection (d) of Section 9-2.317, Conditional Use Permit of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use is consistent with the maps and policies of the General Plan, because the Neighborhood Commercial land use designation provides for a variety of retail, office, service-oriented business activities, and other uses that are determined to be compatible with primary uses serving a local community area and population. The proposed use is located within a commercial area consisting of compatible land uses such as retail and eating establishments, and is operating adjacent and in conjunction with an existing restaurant,. 2. The proposed use is consistent with the purpose, intent, and standards of the Land Use Code because the proposed use is to be located within an existing commercial site previously developed as a restaurant and within a commercial building that is consistent with the intended land uses within the Sector A-2, Subsector 1 of the Ortega Planned Community CDP 78-01 zoning district. 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 project does not propose to modify the building exterior or site, and use the existing restaurant facility for the banquet with live entertainment use, and was determined through a parking, traffic circulation, and queueing analysis that the site with the use would maintain a 76 parking space surplus at the times of peak usage, would maintain acceptable traffic and circulation levels of service, and that no queuing issues would occur with the establishment of the use. 4. The proposed use and the ongoing 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 be conditioned to provide a limited number of banquets and live entertainment events per month, will be conditioned to set hours of operation for the banquets and live entertainment events, and will be conditioned to prohibit any light, noise, vibration from the proposed use to be outside of the enclosed building. As concluded by the submitted Parking, Traffic Circulation, and Queueing Analysis, the project will not result in a significant increase of inbound and outbound traffic, project access is adequate, parking will be adequate, and the queuing capacity of the site's driveways will be adequate. PC Resolution 19-01-22-05 3 January 22, 2019 The project is conditioned to mitigate significant or excessive disturbances, nuisances, or hazards. 5. The site for the proposed use has adequate access and parking to support the use. After considering several different municipal codes, and the floor plans proposed, it was determined that the highest demand using the most restrictive standard is a demand of 100 parking spaces. The submitted Parking Analysis concluded that the site. will have a parking surplus of 76 parking stalls, with full occupancy and with the proposed use. The existing internal circulation was found to allow for safe and efficient vehicular and pedestrian movement under the current uses as well as with the proposed banquet facility with live entertainment use. The site, as concluded by the submitted Parking Analysis, Traffic Circulation, and Queueing Analysis, will have adequate access and parking to support the use. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby directs staff to file an Notice of Exemption within five days of this approval. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective ( 1) following expiration of the fifteen ( 15) day appeal period without filing of an appeal application and (2) following 30 days after the second reading adopting Code Amendment (CA) 17-007. The appeal period shall expire at 5:30 pm, Wednesday, February 6, 2019. This project approval shall be valid for a period of 1 year from the date of approval of this resolution, and shall expire on January 22, 2020 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 established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 22nd day of January, 2019. Project#: Project Name: APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: EXHIBIT A RESOLUTION #: 19-01-22-05 CONDITIONS OF APPROVAL CUP18-007 Bad to the Bone Banquet Facilities with Live Entertainment January 22, 2019 30 Days After Approval of Second Reading of Code Amendment 17-007 January 22, 2019 These conditions of approval apply to Conditional Use Permit (CUP) 18-007, a request to establish banquet facilities with live entertainment within a 1, 155 square foot dining area and an adjacent 245 square foot patio of an existing restaurant at 31738 Rancho Viejo Road (Assessor Parcel Number 666-261-06). Any proposed changes to this approval 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 owner or any successor(s) in interest to the terms of this approval. 1. Conditional Use Permit (CUP) 18-007 is granted to allow establishment of banquet facilities with live entertainment within a 1, 155 square foot dining area and an adjacent 245 square foot patio of an existing restaurant at 31738 Rancho Viejo Road. Approval is granted based on the Letter of Intent and four floor plan options submitted by PRS Group on June 11, 2018. These plans, materials 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 plans, 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 30 days after approval of the second reading of Code Amendment 17-007 and shall expire 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 date of this approval, except as otherwise approved by the Development Services Director. Planning Commission Resolution 19-01-22-05 CUP 18-007 Bad to the Bone Conditions of Approval January 22, 2019 Page 2 of 4 2. Approval of CUP 18-007 is contingent upon approval of Code Amendment (CA) 17-007 and will not go into effect until 30 days after the approval of the second reading of the ordinance adopting CA 17-007. 3. A maximum of two live entertainment events are permitted per calendar month. 4. Live entertainment shall only be permitted within the fully enclosed building and no exterior amplification will be permitted. 5. No lighting associated with a banquet or live entertainment event shall be installed on the exterior of the building. 6. Amplified music shall only be permitted between the hours of 11 :00 a.m. and 11 :00 p.m. 7. No doors to the banquet or live entertainment area shall be left open when amplified music is playing. 8. The San Juan Capistrano Municipal Code 9-3.531 Noise Standards shall be adhered to with any banquet facility or live entertainment event. 9. A maximum of ten banquet facility events (catered events, receptions, and/or banquets) are permitted per calendar month. 10. Catered events, receptions, and/or banquets shall only be permitted between the hours of 11 :00 a.m. and 12:00 a.m. midnight. 11 . Maximum occupancy for banquet facility with live entertainment events shall not exceed 231. 12. Maximum occupancy for banquet facility events shall not exceed 140. 13. Prior to conducting an event, all required building permits for improvements, change in use, and/or change in occupancy shall be finaled prior to an event which requires such permit. 14. The applicant shall prevent loitering around the project site, and in all parking areas serving the use after the hours of operation of a banquet or live entertainment event. 15. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 16. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against Planning Commission Resolution 19-01-22-05 CUP 18-007 Bad to the Bone Conditions of Approval January 22, 2019 Page 3 of 4 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 claim, 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. 17. 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 Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 18. That the conditions of approval contained herein, shall be made part of the construction drawings for the proposed development. Construction drawings shall not be accepted for Plan Check without the conditions of approval incorporated into the construction drawings. 19. 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. 20. The use shall 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. 21 . 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. 22 . After the building permit for the banquet facility occupancy is finaled, City staff will assess the banquet facility use for a 6-month period to determine if the use is being operated in accordance with the conditions of approval and/or to determine if there is a need for additional conditions of approval to address any unforeseen impacts resulting from the banquet facility use. If staff determines that additional or amended conditions of approval are Planning Commission Resolution 19-01-22-05 CUP 18-007 Bad to the Bone Conditions of Approval January 22, 2019 Page 4 of 4 necessary, the additional or amended conditions will be presented to the Planning Commission for consideration at a duly noticed public hearing.