PC Resolution-21-05-11-01PC RESOLUTION NO. 21-05-11-01 -
CODE AMENDMENT {CA) 20-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
APPROVE CODE AMENDMENT (CA) 20-002 AND CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE LOS
RIOS SPECIFIC PLAN {SP78-01) TO ADD ACCESSORY USE PERMIT TO THE
HISTORIC RESIDENTIAL {HR) DISTRICT {APPLICANT: PHILLIP SCHWARTZE, PRA
GROUP).
Whereas, Phillip Schwartze, The PRS Group, 6431 Lago Grande Drive,
Bonsall, CA 92003 ("Applicant"), has 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 Applicant 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 Applicant 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 deemed necessary for the Planning Commission to take action; and
PC Resolution 21-05-11-01 2 May 11 . 2021
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 Planning Commission public
hearing at which the ordinance would be considered; 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 the project to the next regularly scheduled
meeting.
Whereas, the Planning Commission conducted a duly-noticed 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.
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 State
CEQA (Cal. Code Regs., § 15000 et seq.).
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 (e) of Section 9-2.309, Amendment of the Land Use Code
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
PC Resolution 21-05-11-01 3 May 11. 2021
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
District of the Los Rios Specific Plan is to maintain the existing historic, residential
character of Los Rios Street while allowing accessory, pedestrian-oriented retail
and setvice uses in conjunction with residential occupancy. The allowable for
accessory use permits in conjunction with food establishments would allow the
property owners within the Los Rios Specific Plan's Historic Residential (HR)
District to attract 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.
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 adopt amendments to the Los Rios Specific Plan
(SP78-01 ), amending the use set forth therein for properties within the Historic Residential
District, as more specifically set forth in Exhibit A, attached hereto and incorporated
herein.
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
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 11th day of May, 2021.
Sergi Klotz, AICP, Assistant Development
Services Director/Secretary
EXHIBIT A
Los Rios Specific Plan Amendment
5. 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. Up
to two (2) food establishments have the ability to apply for a new Accessory Use Permit.
6. Professional offices such as architect, engineer, designer, attorney, etc.
d. Conditional uses:
Exhibit A
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.
e. 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. Short-term and long-term boarding are
not eligible for the Director's review pursuant to Part 3.A.4 of this plan and shall be prohibited
uses. Short-term boarding is defined as any building, other than a hotel or bed and breakfast
establishment, that is used in whole or in part to provide lodging for fewer than thirty {30) days
in exchange for compensation. Long-term boarding is defined as a residential building, other
than a rest home, containing a single dwelling unit where lodging is provided on a by-room or
by-guest basis for thirty {30) or more days for compensation. The legal residence and
permanent home of an individual or family shall not constitute long-term lodging. A dwelling
unit or portion of a dwelling unit that is rented by a person or family on a month-to-month, or
longer basis is presumed to be the renter's legal residence if the renter has no other legal
residence or permanent home. lndicia of legal residency include, but are not limited to,
evidence that the resident uses the street address for government identification purposes, such
as a driver's license, and for tax-filing purposes.
ef. 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.
fg. 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%
Exhibit A
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.
gh. 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.
hi. 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.
+j. Supplementary District Regulations:
Unless specified otherwise, structures and uses will be required to meet all applicable
development standards ofTitle 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.
d. Alcohol Service Restrictions. The service of alcohol is limited to on-site consumption and
must occur in conjunction with food service. The service of alcohol is limited to the following
times:
Exhibit A
Summer Season (April to September)
Weekends (Friday and Saturday): 9 a.m. to 10 p.m.
Weekdays (Sunday to Thursday): 11 a.m. to 7 p.m.
Winter Season (October to March)
Weekends (Friday and Saturday): 9 a.m. to 7 p.m.
Weekdays (Sunday to Thursday): lla.m. to 5 p.m.
e. 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
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,
Exhibit A
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
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.
5. Revocation .
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 and/or applicable provisions of the Municipal Code. A duly noticed public hearing
shall be conducted by the City Council in order to revoke or modify a permit.
Exhibit A