Ordinance Number 1095ORDINANCE NO. 1095
' AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-002 TO
AMEND THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO ADD
ACCESSORY USE PERMIT TO THE HISTORIC RESIDENTIAL (HR)
DISTRICT (APPLICANTS: PHILLIP SCHWARTZE, PRA GROUP AND
DAMIAN OROZCO, ALLAN NICCOLA AND CLAUDIA NICCOLA), AND
DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED
Whereas, Phillip Schwartze, The PRS Group, 6431 Lago Grande Drive, Bonsai],
CA 92003 representing the Ramos Cafe and Hidden House Coffee, and Damian Orozco,
Allan Niccola and Claudia Niccola representing The Tea House ("Applicants"), have
requested approval of CA 20-002 to add accessory use permit to the Historic Residential
District of the Los Rios Specific Plan (SP78-01) to allow food establishments expanded
or new alcoholic beverage sales and service within the Historical Residential (HR) district
via an accessory use permit (AUP); and,
Whereas, the Applicants represents the owners of three real properties located
within the Los Rios Specific Plan Historic Residential District located at 31752 Los Rios
Street (Assessor Parcel Numbers 121-141-23), 31731 Los Rios Street (Assessor Parcel
Numbers 121-143-15 and 16) and 31791 Los Rios Street (Assessor Parcel Number 121-
160-17); and,
Whereas, as CA 20-002 is currently proposed, the Applicants seeks to apply for
accessory use permits; and,
Whereas, on September 1, 2020, the City Council of the City of San Juan
Capistrano initiated a Code Amendment to further study an amendment to the Los Rios
Specific Plan to add accessory use permit to the Historic Residential District; and,
Whereas, on February 3, 2021, at the direction of the City Council a community
meeting was held to solicit public input on the initiated amendment to the Los Rios
Specific Plan Amendment; and,
Whereas, the proposed project is being processed pursuant to Section 9-2.309,
Code Amendment 20-002, of Title 9, Land Use Code of the City of San Juan Capistrano
to establish policies and zoning regulations for the Los Rios Specific Plan; and, ,
Whereas, pursuant to section 21067 of the Public Resources Code, and section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City
of San Juan Capistrano is the lead agency for the proposed project; and,
Whereas, staff and the City Attorney prepared the proposed ordinance, including:
' the proposed language and terminology, and any additional information and documents
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deemed necessary for the Planning Commission and Cultural Heritage Commission to
take action; and,
Whereas, on April 15, 2021, the City gave public notice of the public hearing for '
the proposed ordinance by publishing in a newspaper of general circulation and notice to
property owners within the Los Rios Specific Plan area and those property owners within
1,000 feet of the Los Rios Specific Plan area of a Cultural Heritage Commission public
hearing at which the ordinance would be considered; and,
Whereas, the Cultural Heritage Commission conducted a duly -noticed public
hearing on April 27, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the proposed project, considered all
relevant public comments and recommended approval of the project to the City Council;
and,
Whereas, the Planning Commission conducted a duly -noticed public hearing on
April 27, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council
Policy 5 to consider public testimony on the proposed project, considered all relevant
public comments and continued CA 20-002 to their May 11, 2021, meeting; and,
Whereas, the Cultural Heritage Commission conducted a Special Meeting on May
5, 2021, pursuant to the Cultural Heritage Commission Bylaws, to consider placing onto
the May 25, 2021, meeting agenda reconsideration of the Commission's April 27, 2021,
recommending approval of the project to the City Council; and, '
Whereas, the Cultural Heritage Commission at its Special Meeting on May 5, 2021,
voted to conduct a duly -noticed public hearing on May 25, 2021, pursuant to Title 9, Land
Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the
proposed project, consider all relevant public comments and possibly reconsider the
Commission's April 27, 2021, recommended approval of the project to the City Council;
and,
Whereas, the Planning Commission conducted a public hearing on May 11, 2021,
pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider
public testimony on the proposed project, considered all relevant public comments and
recommended approval of the project to the City Council; and,
Whereas, the Cultural Heritage Commission conducted a duly -noticed public
hearing on May 25, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the proposed project and considered all
relevant public comments to reconsider their April 27, 2021, recommendation and
recommended approval of the project to the City Council; and,
WHEREAS, on June 15, 2021, the City Council held a duly noticed public hearing
to consider this Ordinance and the Project and, following receipt of all written and oral '
public comments, the City Council closed the public hearing, considered the evidence
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presented, deliberated and recommended tabling the project and creating a Council
' Subcommittee to further evaluate amendment options.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and
determines that all of the above Recitals are true and correct and incorporates such
Recitals into this Ordinance as if fully set forth herein.
SECTION 2. CEQA.
Based upon its review of the entire record before it, the City Council of the City of San
Juan Capistrano does hereby find that pursuant to the California Environmental Quality
Act ("CEQA") (Cal. Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the
"Guidelines") (14 Cal. Code Regs. § 15000 etseq.), City staff has considered the potential
environmental impacts of the proposed Code Amendment (CA) 20-002 (the "Project").
Based on that review, City staff has determined that the entire project is Categorically
Exempt from further review under the California Environmental Quality Act per State
CEQA (Cal. Code Regs., § 15000 et seq.).
SECTION 3. Findings for Approval of Code Amendment 20-002. The City
Council does hereby make the following findings as established by Section 9-
2.309(e) of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed Land Use Code Amendment conforms with General Plan Land Use
Goal 1, Develop a balanced land use pattern to ensure that revenue generation
matches the City's responsibility for provision and maintenance of public services
and facilities, and Land Use Goal 6, Enhance or redevelop underperforming
commercial centers, because the amendment will diversify the land use
composition, enhance the performance of the area by adding accessory use permits
that are compatible with the existing land uses, generate sales tax revenue by
increasing the ability of the area to attract new users through the expanded uses,
and ensuring each proposed use remains compatible with the existing and future
land uses and character of Los Rios and 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 expansion of the accessory uses would implement
General Plan Land Use Goal 1, Develop a balanced land use pattern to ensure that
revenue generation matches the City's responsibility for provision and maintenance
of public services and facilities, and would provide for public convenience by
increasing the ability of the Historic Residential district of Los Rios to attract new
users that could provide a convenience to the public while remaining compatible with
' the surrounding uses.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code because one of the stated purposes of the Historic Residential
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District of the Los Rios Specific Plan is to maintain the existing historic, residential
characterof Los Rios Street while allowing accessory, pedestrian -oriented retail and '
service uses in conjunction with residential occupancy. The allowance for accessory
use permits in conjunction with food establishments would allow the two existing
AUP operations within the Los Rios Specific Plan's Historic Residential (HR) District
to expand and attract other uses similar to those currently allowed within the HR
district.
4. The proposed Land Use Code amendment is reasonable and beneficial at this time
because it encourages orderly development. Furthermore, the proposed allowance
for accessory use permits is reasonable in that they conform to the General Plan
and to the purpose and intent of the HR district.
SECTION 4. AmendmenttoThe Los Rios Specific Plan 78-01.
The proposed amendment to The Los Rios Specific Plan, and bearing the file
number as follows:
Code Amendment (CA) 20-002
is hereby approved, and hereby adopted by the City Council and incorporated as part of
this Ordinance as Exhibit A.
SECTION 5. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of '
this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Ordinance or any part hereof. The
City Council of the City of San Juan Capistrano hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication.
The City Clerk is hereby directed to cause the following summary of this Ordinance
to be published by two (2) insertions in the Capistrano Valley News, a newspaper of
general circulation that is printed, published, and circulated in the City of San Juan
Capistrano.
SECTION 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted
and published in the manner required by law.
SECTION 8. Location and Custodian of Records.
The documents and materials that constitute the record of proceedings on which '
this Ordinance is based are located at the City Clerk's office located at 32400 Paseo
4 01095
Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the
' City Clerk.
SECTION 9. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once
within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days
after adoption, the City Clerk shall cause to be published the aforementioned summary
and shall post a certified copy of this Ordinance, together with the vote for and against
the same, in the Office of the City Clerk.
PASSED APPROVED AND ADOPTED this 18'" day of January 2022.
1
ATTES .
MARIA ORRI „ CITY C R
DEREK REEVE, MAYOR
5 01095
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO)
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No. 1095 which was regularly introduced and
placed upon its first reading at the Regular Meeting of the City Council on the 7th day of December
2021 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting
of the City Council on the 1W' day of January 2022 by the following vote, to wit:
AY S COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
Farias, Bourne, Hart and Mayor Reeve
None
ABSENT:
OUNCIL MEMBERS:
None
ABSTAIN
COUNCIL WMBERS:
Taylor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING ,
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on the
8th day of December 2021, at least 5 days prior to the adoption of the ordinance, I caused to be
posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CODE AMENDMENT (CA) 20-002 TO AMEND THE LOS NOS SPECIFIC PLAN (SP) 78-01
TO ADD ACCESSORY USE PERMIT TO THE HISTOTq RESIDENTIAL (HR) DISTRICT
(APPLICANTS: PHILLIP SCHWARTZE, PRA GROU , A DAMIAN OROZCO, ALLAN
NICCOLA AND CLAUDIA NICCOLA), AND DETERMINE TH O FURTHER CEQA REVIEW
IS REQUIRED /I1.
This document was posted in the Office of the City
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
6 01095
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in
compliance with State laws, Government Code section 36933(1) of the State of California.
On the 24" day of January 2022, 1 caused to be posted a certified copy of Ordinance No. 1095,
adopted by the City Council on January 18, 2022, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CODE AMENDMENT (CA) 20-002 TO AMEND THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO
ADD ACCESSORY USE PERMIT TO THE HISTORIC RESIDENTIAL (HR) DISTRICT
(APPLICANTS: PHILLIP SCHWARTZE, PRA GROUP AND DAMIAN OROZCO, ALLAN
NICCOLA AND CLAUDIA NICCOLA), AND DETERMIE,�THf NO FURTHER CEQA REVIEW
IS REQUIRED {{
This document was posted in the Office of the City
' MARIAM6RRIS`, CITY
San Juan Capistrano, (
01095
' EXHIBIT A
Los Rios Specific Plan Amendment
S. Historical Residential (HR) District.
a. Purpose and Intent:
To maintain the existing historic, residential character of Los Rios Street while allowing
accessory, pedestrian -oriented retail and service uses in conjunction with residential occupancy.
Residential occupancy shall be defined as occupancy of a residence for principal residential use
by a household, or by the property owner, tenant, or business manager who have direct
management authority over any commercial use of the residence. Residential use and
commercial use within the same residence shall not be conducted independent of one another.
Residential use shall be defined to include a bedroom, bathroom with bathing or shower
facilities, and a living room with complete food storage (refrigerator) and food preparation
facilities (stove) independent of the commercial use.
b. Principal permitted uses:
1. Single-family Dwelling, detached.
C. Accessory uses:
' The following accessory commercial uses shall be permitted in conjunction with residential
occupancy, as defined in the purpose and intent statement, but shall comprise less than 50% of
the building area, and less than 50% of the lot area:
1. Retail sale of artwork, photography, wine (including wine tasting), antiques, curios, gifts,
novelties, books, jewelry, leather goods, pottery and similar items.
2. Small-scale finishing or working of such materials as leather, pottery, jewelry and similar
items.
3. Retail sale of apparel, fabrics, dry goods, ornamental plants, flowers, candy, baked goods,
hobby supplies, art and craft supplies, photography supplies, stationery, newspapers,
magazines and similar items.
4. Small-scale service uses including barber shops, beauty shops, tailor shops, photography
studios, watch repair shops, ticket agencies and locksmith shops.
5. Food -related establishments including sale of baked goods and/or cooked foods, canned
foods, dried fruits, fruits, produce, nuts, cheese, coffee, juices, and similar items. Food -related
establishments are permitted to serve alcoholic beverages for on-site consumption in
conjunction with food service provided an Accessory Use Permit is approved by the City Council
in accordance with the procedures contained in Part 4.E (Accessory Use Permit) of this Plan.
Only food establishments with previously approved Accessory Use Permits have the ability to
apply for a new Accessory Use Permit. Only ABC Type 47 licenses may be issued to food
establishments with approved Accessory Use Permits.
6. Professional offices such as architect, engineer, designer, attorney, etc.
Exhibit A
51
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Conditional uses:
1. Public and cultural uses such as museums, galleries, civic organization or historical '
society offices, historic educational facilities, tourist information, and similar uses.
However, government offices, public utility offices, public or private schools, police
stations, fire stations and hospitals are prohibited.
Prohibited uses:
Pursuant to Part 3.A.4 of this Plan, the Director has the authority and responsibility to review a
use not listed above and determine whether said unlisted use may be permitted as a principal or
conditional use in the Historic Residential (HR) District.
Legal non -conforming uses:
Such uses shall comply with the provisions of Title 9, Article 3, Nonconforming Uses, Lots, and
Structures, provided however, that any extension of restricted operating hours of a legal, non-
conforming use shall be permitted subject to review and approval by the City Council.
Development requirements:
Structures, permanent or temporary, shall be designed and sited consistent with the Site Design
Standards of this Specific Plan and shall comply with the following:
1. Minimum lot size: 7,500 square feet
2. Minimum frontage: 50 feet
'
3. Minimum frontyard setback: (one-story): 10 feet
(two-story): 15 feet
4. Minimum sideyard setback: 8 ft. one side & 18 ft. total
5. Minimum rearyard setback: 15 feet
6. Maximum building height: 18 feet or the height of adjoining residence(s)
7. Maximum building area: n.a.
8. Minimum open area: 50%
9. Structures, historical or non -historical, shall be prohibited from relocation to any part of
the "HR" (Historic Residential) District, in order to preserve the integrity of the Los Rios
National Register Historic District: except as set forth in Section 3.C.5 of this plan.
Parking:
Accessory commercial development which occupies not more than 250 square feet or an
existing single room of a principal residential structure shall not be required to provide off-street
parking for the accessory commercial use. Accessory commercial development which exceeds
these limits shall be required to comply with the standards of Section 9-3.
'
Exhibit A
' M. Development Processing:
Any proposed structure, commercial or non- commercial, requiring a building permit, shall be
subject to the Development Review Procedures of Part 4 of this Specific Plan.
ij. Supplementary District Regulations:
Unless specified otherwise, structures and uses will be required to meet all applicable
development standards of Title 9, Article 6, Supplementary District Regulations of the Municipal
Code.
PART 4, DEVELOPMENT REVIEW
E. Accessory Use Permit.
a. Intent and Purpose.
The purpose of an Accessory Use Permit is to provide a food -related establishment that is
permitted to operate as an accessory use pursuant to Part 3.B.5.c.5 in the Historic
Residential District an opportunity to seek City approval to serve alcoholic beverages for on-
site consumption in conjunction with food service. The intent of the Accessory Use Permit
review process is to ensure that the service of alcohol in conjunction with food service does
' not result in adverse impacts to neighboring residents and businesses and the historical
residential character of the Los Rios Specific Plan Historic Residential District is maintained.
b. Accessory Use Permit Eligibility.
Only food -related establishments that have previously approved Accessory Use Permits may
apply for a new Accessory Use Permit.
c. Permitted Hours of Alcohol Service.
The allowed hours of alcohol service shall be established on a case-by-case basis through
the Accessory Use Permit review process but in no case shall alcohol service, including for
private events, extend past 10 pm.
d. Review Process.
The review of an Accessory Use Permit application shall be as follows upon submission of an
application in accordance with the requirements of the Development Services Department.
1. Cultural Heritage Commission.
' All applications for an Accessory Use Permit shall be reviewed by the Cultural Heritage
Commission as part of a duly noticed public hearing. The Commission may identify and
recommend conditions of approval to mitigate any possible adverse impacts that the
Exhibit A
proposed accessory use may have on surrounding properties and to ensure overall
consistency of the use with the Specific Plan, Land Use Code and the General Plan. ,
Conditions may include, but are not limited to, restrictions on hours of operation; types
of activities; noise levels; lighting levels and hours; or other operational considerations
as deemed appropriate by the Commission. In order to recommend approval of an AUP
application to the City Council, the Commission shall make the following findings:
A. The proposed accessory use is consistent with the applicable land use policies of the
General Plan; and
B. The proposed accessory use is consistent with the purpose, intent, and applicable
standards of the Los Rios Specific Plan; and
C. The proposed accessory use is compatible with abutting properties and the
permitted uses thereof, and would not result in adverse impacts to surrounding
residents or businesses.
2. City Council.
The City Council shall consider an application for an Accessory Use Permit as part of a
duly noticed public hearing. The City Council will consider the Cultural Heritage
Commission's recommendation and make its own independent judgement on the
application. The City Council may impose any conditions of approval to mitigate any
possible adverse impacts that the proposed accessory use may have on surrounding '
properties and to ensure overall consistency of the use with the Specific Plan,
Land Use Code and the General Plan. Conditions may include, but are not limited to,
restrictions on hours of operation; types of activities; noise levels; lighting levels and
hours; or other operational considerations as deemed appropriate by the City Council.
In order to approve an AUP application, the City Council shall make the following
findings:
A. The proposed accessory use is consistent with the applicable land use policies of
the General Plan; and
B. The proposed accessory use is consistent with the purpose, intent, and
applicable standards of the Los Rios Specific Plan; and
C. The proposed accessory use is compatible with abutting properties and the
permitted uses thereof, and would not result in adverse impacts to surrounding
residents or businesses.
3. Establishment of Use.
An Accessory Use Permit, when approved, allows the service of alcohol for on-site
consumption in conjunction with food service at a specific food establishment location.
As such, an approved Accessory Use Permit remains valid for a specific property despite '
changes in food establishment operators or property ownership. The alcohol service
Exhibit A
' allowed by an Accessory Use Permit must be established consistent with all conditions
of approval within one year of the City Council's approval of the permit. The
establishment of said use shall be deemed to occur upon adherence to all conditions of
approval and operation of the permitted food establishment use which the permit is
accessory to. The failure to comply with the one-year establishment period shall result
in the permit automatically becoming null and void.
4. Discontinuance of Use.
Whenever the primary residential use or permitted accessory food service use is
discontinued on a property for more than 30 calendar days, the approved Accessory Use
Permit for said property shall automatically become null and void.
S. Revocation/Modification of Permit.
An Accessory Use Permit may be revoked or modified by the City Council upon finding
that the conditions of approval are not being met or that the primary residential use or
permitted food service use at the permit location is in violation of the Los Rios Specific
Plan or any applicable provision of the Municipal Code. An Accessory Use Permit may
also be revoked or modified by the City Council upon finding that any activity of the
permittee creates any undue adverse impact to the neighborhood or that the activity
' creates a nuisance, including, but not limited to, any nuisance referenced in San Juan
Capistrano Municipal Code Section 9-2.401. Nuisance. A duly noticed public hearing
shall be conducted by the City Council in order to revoke or modify a permit.
Exhibit A