Resolution Number 24-03-12-02
RESOLUTION NO. 24-03-12-02
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 ALLOWING FOR THE CONTINUATION OF
EXPANDED ALCOHOL SERVICE FOR ON-SITE CONSUMPTION IN CONJUNCTION
WITH FOOD SERVICE WITHIN THE LOS RIOS SPECIFIC PLAN AT THE RAMOS
HOUSE CAFÉ LOCATED AT 31752 LOS RIOS STREET, (ASSESSOR PARCEL
NUMBER 121-141-23)
WHEREAS, on March 15, 2022, the City Council adopted Resolution No.
22-03-15-02 approving AUP 21-002, which allowed The Ramos House Cafe (“Ramos
Café”) to extend its alcohol service with food service to the hours of 7 a.m. to 5 p.m.
Sunday through Wednesday and 7 a.m. to 9:30 p.m. Thursday through Saturday; and
WHEREAS, Condition of Approval No. 20 of AUP 21-002 established an
approval term of 24 months from the date of issuance of AUP 21-002 on March 15, 2022,
and required staff to conduct a review of the AUP 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; and
WHEREAS, the City’s Environmental Administrator has reviewed the
project pursuant to Section 15061 of the California Environmental Quality Act (CEQA)
and determined that the extension of AUP 21-002 qualifies for a Class 1 (Existing
Facilities) categorical exemption, and upon adoption this Resolution, City staff will cause
a Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines;
and
WHEREAS, the City Council conducted a public meeting on March 12,
2024, to consider public testimony related to the compliance review of AUP 21-002 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 CEQA. Furthermore, the City Council hereby finds and determines 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
project is exempt under Class 1 “Existing Facilities” (State CEQA Guidelines, § 15301),
because the project establishes the continuation of a previously approved accessory use.
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:
Resolution #24-03-12-02
AUP 21-001 The Tea House Page 2 of 3
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
AUPs (The Tea House and Ramos Cafe), have been 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 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.
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. This determination is based on the fact that 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
finds that Ramos Café is operating in accordance with the conditions of approval of AUP
21-002, that the City’s Code Enforcement Division, the Orange County Sheriff’s
Department and Department of Alcoholic Beverage Control confirmed that no alcohol
related calls or complaints related to alcohol service have been received for the past two
years at Ramos Café, and that as a result, the City of San Juan Capistrano hereby allows
for the continuation of expanded alcohol service for on-site consumption in conjunction
with food services hours indefinitely, subject to all conditions of approval established by
CC Resolution No. 22-03-15-02, which is attached hereto and incorporated herein.
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
Resolution #24-03-12-02
AUP 21-001 The Tea House Page 3 of 3
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.
PASSED, APPROVED AND ADOPTED this 12th day of March, 2024.
___________________________________________
Sergio Farias, Mayor
ATTEST:
________________________________________
MARIA MORRIS, CITY CLERK
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. 24-03-12-02 was duly adopted by the City Council of the City of San
Juan Capistrano at an Adjourned Regular meeting thereof, held the 12th day of March 2024, by the
following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: Taylor
____________________________
MARIA MORRIS, CITY CLERK