Resolution Number 22-03-15-01RESOLUTION NO. 22-03-15-01
ACCESSORY USE PERMIT AUP 21-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING A PROPOSAL TO ALLOW FOR THE EXPANSION OF AN
ACCESSORY USE TO A FOOD ESTABLISHMENT WITHIN THE LOS RIOS
SPECIFIC PLAN LOCATED AT 31752 LOS RIOS STREET, (ASSESSOR
PARCEL NUMBER 121-141-23) (APPLICANT: PHILLIP SCHWARTZE, PRS
GROUP.)
WHEREAS, Phillip Schwartze, PRS Group. representing The Ramos Cafe,
has requested approval of Accessory Use Permit (AUP) 21-002 to allow for the expansion
of an existing accessory use within the Los Rios Specific Plan, on the property located at
31752 Los Rios Street, which has a General Plan land use designation of Specific
Plan/Precise Plan and classified as Specific Plan/Precises Plan (78-01) on the Official
Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Part 4,
E.c., Development Review of the Los Rios Specific Plan; 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 (Existing Facilities) categorical
exemption, and upon adoption of the AUP, City staff will cause a Notice of Exemption to be
posted pursuant to Section 15061(d) of the CEQA Guidelines and,
WHEREAS, the Cultural Heritage Commission has considered the
Environmental Administrator's determination pursuant to Section 15051 of the California
Environmental Quality Act (CEQA); 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, on
the proposed project and considered all relevant public comments and continued the item
to May 25, 2021;
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, on
the proposed project and considered the relevant public comments and continued the item
to June 22, 2021;
WHEREAS, the Cultural Heritage Commission conducted a duly -noticed
public hearing on June 22, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302, on
the proposed project and considered the relevant public comments and tabled further
discussion of the item until such time the City Council takes action on Code Amendment
20-002;
3/15/2022
WHEREAS, the City Council conducted a duly -noticed public hearing on
December 7, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302, and adopted an
ordinance approving Code Amendment 20-002 and reinstating the Accessory Use Permit
process;
WHEREAS, the Cultural Heritage Commission conducted a duly -noticed
public hearing on February 22, 2022, pursuant to Title 9, Land Use Code, Section 9-2.302,
on the proposed project and considered the relevant public comments and recommended
to the City Council denial of the project; and
WHEREAS, the City Council conducted a duly -noticed public hearing on
March 15, 2022, pursuant to Title 9, Land Use Code, Section 9-2.302, to consider public
testimony of the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby find that this project has been reviewed in accordance
with the California Environmental Quality Act. The City's Environmental Administrator has
determined that the project, is categorically exempt from further environmental review under
CEQA, pursuant to the following exemption: Class 1, "Existing Facilities" (State CEQA
Guidelines, § 15301). The entire project is exempt under Section 15301 because approval
of this project establishes an accessory use with no modification to an existing building and
will only negligibly expand use of the establishment to allow expanded alcohol service in
the existing and fully operational food establishment. The project would not generate any
substantial environmental impacts.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano does hereby make the following findings as established by
Part 4, E.c., Development Review of the Los Rios Specific Plan:
1) The proposed accessory use is consistent with the applicable land use policies of the
General Plan, because the location is within the Specific Plan/Precise Plan land use
designation governed by the Los Rios Specific Plan 78-01 (SP78-01) which allows
accessory uses such as a food establishment. SP78-01 is the adopted tool to implement
the general plan, and only the two food establishments that currently have Accessory
Use Permits (The Tea House and Ramos Cafe), may be allowed expanded alcohol
service for on-site consumption in conjunction with food service within the Historic
Residential District of the Los Rios Specific Plan. The Ramos Cafe has submitted the at
issue proposal. The accessory use permit process is a tool to evaluate uses and, as
such, the proposed use is compatible with the other uses in the area and is conditioned
to maintain compatibility.
2) The proposed accessory use is consistent with the purpose, intent, and applicable
standards of the Los Rios Specific Plan because, only the two food establishments that
currently have Accessory Use Permits (The Tea House and Ramos Cafe), may be
allowed expanded alcohol service for on-site consumption in conjunction with food
service within the Historic Residential District of the Los Rios Specific Plan subject to the
approval of an Accessory Use Permit. The Ramos House has submitted the at issue
proposal.
3/15/2022
3) The proposed expanded accessory use is compatible with abutting properties and the
permitted uses thereof and would not result in adverse impacts to surrounding residents
or businesses as the existing food establishment will continue to operate, with no
physical changes proposed to the property and existing structure, and would not
generate excessive light, noise, vibration, odors, visual blight, traffic, or other
disturbances, nuisances, or hazards on the site. The project is situated on a site with
adequate size and shape to accommodate all required features. Further, the proposed
use, and the on-going operation of the use, would be compatible with abutting properties
and the permitted uses thereof and would not generate excessive light, noise, vibration,
odors, visual blight, traffic, or other disturbances, nuisances, or hazards because the use
would be accommodated as it currently exists and is conditioned to maintain
compatibility. Further, the Ramos Cafe is not seeking any change in the number of
private events it is already authorized to hold.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council 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 City Council of
the City of San Juan Capistrano hereby rescinds Resolution Nos. 96-5-7-4, 02-11-26-3,
and 03-01-21-04 relating to the previous AUP approval for the property located at 31731
Los Rios Street as this Resolution No. 22-03-15-01 restates the prior entitlements and
addresses the new entitlements and therefore replaces and supersedes Resolution Nos.
96-5-7-4, 02-11-26-3, and 03-01-21-04.
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.
NOTICE OF EXEMPTION: City staff is hereby directed to prepare and file a
Notice of Exemption for the Project with the Orange County Clerk's Office within five
working days of the City Council approval of the Accessory Use Permit Resolution.
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.
3/15/2022
ATTES
PASSED, APPROVED AND ADOPTED this 15th day of March 2022.
DEREK REEVE, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 22-03-15-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th
day of March 2022, by the following vote:
AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, and Mayor Reeve
NOC UNCIL MEMBERS: None
ABS N�': C UNCIL MEMBERS: None
REC S� C UNCIL MEMBERS: Taylor
, CITY CLI"RK
4 3/15/2022
EXHIBIT A
RESOLUTION NO. 22-03-15-01
CONDITIONS OF APPROVAL
Project #: Accessory Use Permit (AUP) 21-002
Project Name: Ramos Cafe
These conditions of approval apply to the above -referenced project application. 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.
These conditions are organized by chronological order in the development process as
well as responsible City Department. The responsible department is noted in
parenthesis after each condition.
General Conditions:
1. The above referenced entitlement approval is granted for the
establishment of an accessory use, at 31752 Los Rios Street (APN 121-
141-23). This approval is granted based on the application materials
submitted by Ramos Cafe, including development plans submitted on
March 8, 2021. 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 project/plans, and which do not intensify or change the use or
require any deviations from City Code, may be approved by the
Development Services Director upon submittal of an application and the
required fee. If not appealed, this approval shall become effective on the
first business day following the fifteenth (15th) day after the date of the City
Council's approval.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements.
3. 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.
h
�I 4. 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,
Ramos Cafe
Conditions of Approval
Date: March 15, 2022
Page 2 of 5
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.
5. 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.
6. 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, then the conditions and/or plans as stipulated in the
later approval shall prevail.
7. 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.
8. The applicant shall pay all fees at the time fees are determined payable by
the City 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.
9. _ The sale and service of alcoholic beverages for on-site consumption shall
only occur in conjunction with food service and only between the hours of
7:00 a.m. and 5:00 p.m., Sunday through Wednesday; and, 7:00 a.m. and
9:30 p.m., Thursday through Saturday.
10. The property owner shall remain in compliance with the on-site residential
occupancy requirements for accessory uses, as outlined within the Los
Rios Specific Plan. Failure to maintain residential occupancy as defined
Conditions of Approval
Ramos Cafe Date: March 15, 2022
Page 3 of 5
herein shall constitute a violation of the Municipal Code and may result in
business license suspension or revocation.
11. This Accessory Use Permit allows the service of beer, wine and distilled
spirits in conjunction with food service operated as an accessory
commercial use in accordance with the Los Rios Specific Plan. The
service of beer, wine and distilled spirits requires the approval of an
Alcohol Beverage Control Type 47 license. No other type of Alcohol
Beverage Control license is permitted.
12. The service of alcoholic beverages for on-site consumption is permitted
during private events which are not open to the general public. Said
private events shall be subject to the following conditions:
a. Private events shall be limited to not more than twelve (12) such
events during any twelve-month period with no more than two events
in any 30 -day period.
b. Event guests are prohibited from parking on Los Rios Street.
c. All private events shall cease by 5:00 p.m, Sunday through Wednesday,
and by 9:30 p.m. Thursday through Saturday consistent with Condition
No. 9 above.
13. Amplified music shall be prohibited.
14. This permit shall automatically become null and void if the primary
residential use or the food service accessory use is discontinued for more
than 30 days.
15. This permit shall not be transferrable to any other property.
16. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
Ramos Cafe
Conditions of Approval
Date: March 15, 2022
Pape 4 of 5
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
17. The Accessory Use Permit shall, at all times, remain in compliance with
the Los Rios Specific Plan, the conditions of approval and any applicable
provisions of the Municipal Code or else be subject to revocation or
modification by the City Council. The 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 activity creates a nuisance, including, but not limited to, any nuisance
referenced in San Juan Capistrano Municipal Code Section 9-2.401. A
duly noticed public hearing shall be conducted by the City Council in order
to revoke or modify this permit.
18. The site shall not be rented, leased, subleased, or otherwise occupied for
purposes not specified by this permit.
19. The alcohol service allowed by this Accessory Use Permit (beer, wine and
distilled spirits) 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 service shall be deemed to occur upon adherence to
all conditions of approval and operation of the permitted food
establishment which the permit is accessory to. The failure to comply with
the one-year establishment period shall result in this Accessory Use
Permit automatically becoming null and void.
20. The term of this AUP shall be for twenty-four (24) months from the date of
issuance (March 15, 2022). City staff will conduct a review of the
Accessory Use Permit to determine compliance with all conditions of
approval and provide a compliance report to the City Council prior to the
conclusion of the 24 -month term. Upon review of the compliance report,
the City Council may, without the need for a new application from the
Applicant or additional Cultural Heritage Commission review or
recommendation, extend this AUP for an additional time period as
determined by the City Council upon making the findings required for the
issuance of an Accessory Use Permit. Responsible Department/
Agencies:
B&S = Building and Safety
UD = Utilities Department Engineering
DSD = Development Services Department
PW = Public Works Engineering
Ramos Cafe
Conditions of Approval
Date: March 15, 2022
Page 5 of 5
OCFA = Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Michelle Winrich
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Date