PC Resolution-24-01-24-01PC RESOLUTION NO. 24-01-24-01
CONDITIONAL USE PERMIT (CUP) 23-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A REQUEST FOR A CONDITIONAL USE
PERMIT RELATED TO A REQUEST TO ALLOW FOR THE ESTABLISHMENT OF A
PRIVATE CIGAR LOUNGE AND BAR USE, FOR PROPERTY LOCATED AT 27129
CALLE ARROYO, SUITE 1803 (ASSESSOR PARCEL NUMBER 666-131-17) AND
FINDING SAID APPROVAL EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO A CLASS 1 EXEMPTION FOR EXISTING FACILITIES
(APPLICANT: RICK J. COLLINS)
Whereas, Rick J. Collins, 638 Camino De Los Mares, San Clemente, CA.
92673, has requested approval of Conditional Use Permit (CUP) 23-004 to allow for the
establishment of a private cigar lounge and bar use at 27121 Calle Arroyo, Suite 1803
(APN 666-131-17). The subject property, generally located east of Interstate 5 and north
of Calle Arroyo, has a General Plan Land Use Designation of Industrial Park and a Zoning
Designation of Planned Community; and,
Whereas, South Capistrano Enterprises is the owner of real property
located at 27131 Calle Arroyo (APN 666-131-17); 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 Section 15301, Existing
Facilities (Class 1 ). The entire project is exempt under Section 15301 because approval
of this project to allow the private cigar lounge and bar in the existing and fully-operational
business center would not expand, or would only negligibly expand, use of the center,
which is currently occupied by other business enterprises. The project would not result
in the expansion of the building footprint or increase the operational capacity of the tenant
space that it will occupy. ; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on January 24, 2024 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; and,
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
PC Resoluti on 24-01 -24-01 2 January 24, 2024
CEQA Guidelines Section 15301; Class 1 "Existing Facilities". The entire project is
exempt under Section 15301 because approval of this project to allow the establishment
of the use within an existing and fully-operational business center would not expand, or
would only negligibly expand, use of the center, which is currently occupied by other
business enterprises. The project would not result in the expansion of the building
footprint or increase the operational capacity of the tenant space that it will occupy.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
for the proposed expansion of the existing church use 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 cigar lounge and bar use is consistent with the maps and policies
of the General Plan because this type of use is not prohibited in the Industrial
Park land use designation. Sector B-1 of CDP 78-1 allows uses not listed but
determined appropriate by the Planning Commission to be permitted with the
approval of a CUP. On September 27, 2023, the Planning Commission
determined that a private club use to be a conditionally permitted use within
Planning Sector B-1 of CDP 78-1, thereby allowing the proposed cigar club to
apply for a CUP to establish said use. The CUP process is a tool to evaluate
uses and, as such, staff has found that the proposed use is compatible with the
other uses in the business park. This is because the proposed private club use is
consistent with the purpose and intent of the planning sector and the allowable
service uses which provide support to other commercial and industrial uses. The
proposed members-only cigar lounge and bar will achieve this by serving existing
businesses within the area and providing a setting in which business owners and
their staff along with customers from adjacent businesses can wind down after
work.
2. The proposed cigar lounge and bar use and design is consistent with the purpose,
intent, and standards of the Land Use Code and CDP 78-1, because Planning
Sector B-1 allows uses which are determined appropriate by the planning
commission to be permitted with the approval of a conditional use permit.
3. The proposed cigar lounge and bar use would be located within an existing office
park known as the Capistrano Business Park. The existing suite is located within
a building which is not proposed to be expanded and which also currently
conforms to the development standards of the underlying zone. Further, the
parking analysis which was previously conducted for the site is still relevant and
identifies that the business center contains an excess of parking stalls during
weekday peak operating hours. Therefore, the project is situated on a site with
adequate size, shape and contains an adequate number of parking stalls to
accommodate all required features.
PC Resolution 24-01-24-01 3 January 24, 2024
4. The proposed cigar lounge and bar 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 inside the existing tenant
space which is to be improved to accommodate the use. Further, the applicant
will install a high-end smoke extraction system to further assist in reducing
negative impacts such as odor to adjacent tenants from onsite cigar smoking within
the suite.
5. The proposed cigar lounge and bar use would have adequate access and parking
to support the use. Access and parking would remain unchanged from the
comprehensive shared parking analysis which was previously reviewed to
establish joint usage of parking via Planning Commission Resolution No. 21-03-
09-03.
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.
RECITALS: The recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
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
records for the record of proceedings.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, February 8,
2024. This Project approval shall be valid for a period of two years from the effective date
of this resolution and shall expire on February 9, 2026, unless a time extension request
is submitted to the Zoning Administrator or building permits or a certificate of occupancy
related to this discretionary approval have been issued 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.
PC Resolution 24-01-24-01 4 January 24, 2024
PASSED, APPROVED AND ADOPTED this 2 th day of January 2024
Project#:
Project Name:
Approval Date:
Effective Date:
EXHIBIT A
PC RESOLUTION NO. 24-01-24-01
CONDITIONS OF APPROVAL
Conditional Use Permit (CUP) 23-004
Winston's Cigar Lounge and Bar
January 24, 2024
February, 9, 2024
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 interestto 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 approvals are granted for the
establishment of a private cigar lounge and bar located at 27129 Calle
Arroyo, Suite 1803 (APN 666-131-17). This approval is granted based on
the application materials submitted by Rick J. Collins, including
development plans submitted on December 12, 2023. 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 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. Major modifications to this approval
which are determined by the Development Services Director to not be in
substantial conformance with the approved plans, require submittal of
updated application materials and the required application deposit. This
Project approval shall become effective following expiration of the fifteen
(15) day appeal period without filing of an appeal application. If not
appealed, this project approval shall be valid for a period of 24 months from
the effective date of approval of this resolution, and shall expire on February
9, 2026, unless a time extension request is submitted to the Zoning
Administrator or a building permit related to this discretionary approval has
been issued prior to that date.
Resolution 24-01-24-01
Winston's Cigar Lounge and Bar Page2
Conditions of Approval
January 24, 2024
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.
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,
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 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.
Resolution 24-01-24-01
Winston's Cigar Lounge and Bar Page 3
Conditions of Approval
January 24, 2024
9. 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
Saturday
7:00 a.m. to 6:00 p.m .
8:30 a.m. to 4:30 p.m .
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
10. Submit architectural for Group A Occupancy (service codes PR200-
PR208).
11 . The Site developer and/or engineering consultants shall complete an
SMWD Waste Discharge Permit Application (WDPA) and submit it to the
Engineering Counter (via email at engcounter@smwd.com) for review and
processing. The submittal shall include complete sets of building plumbing
plans, including fixtures unit counts (hard copy and electronic PDF files)
with a site map showing connection to the public sewer and DW systems,
along with a $275 processing fee. Submitting this application package to
SMWD and with acceptance will allow issuance of the final water and sewer
letter (Will Serve Letter) by SMWD which is provided to CSJC staff so that
building permits may be issued. Obtain a release of occupancy letter from
SMWD and the CSJC before allowing use of any buildings. (SMWD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY CERTIFICATE(S) OF OCCUPANCY:
12. Prior to concealing interior construction OCFA must approve:
a. Fire alarm system, with audible/visual notification throughout the suite
and the common areas serving the suite (service code PR500-PR530)
b. Fire sprinkler system (service codes PR430-PR455)
c. Hood and duct extinguishing system (service code PR335)
13. Prior to issuance of temporary or final certificate of occupancy, all OCFA
inspections shall be completed to the satisfaction of the OCFA inspector
and be in substantial compliance with codes and standards applicable to
the project and commensurate with the type of occupancy (temporary or
final) requested. Inspections shall be scheduled at least five days in
advance by calling OCFA Inspection Scheduling at 714-573-6150.
Resolution 24-01-24-01
Winston's Cigar Lounge and Bar Page 4
Conditions of Approval
January 24, 2024
THE FOLLOWING CONDITIONS SHALL BE SATISFIED AT ALL TIMES:
14. Any activity outside the normal operational plan as described in the staff
report and applicant's letter of intent shall be subject to Section 9-3.547
Special activities requiring the applicant to submit an application at least 14
days prior to the scheduled activity. (DSD)
15. The site shall not be rented, leased, subleased, or otherwise occupied for
purposes not specified by the applicant of this CUP application. (DSD)
16. The hours of operation shall be as follows:
Retail Area
Monday -Friday: 11 :00 AM to 7:00 PM
Saturday -Sunday: 11 :00 AM to 8:00 PM
Smoking Lounge/Bar Area
Monday -Wednesday: 4:00 PM -10:00 PM
Thursday: 4:00 PM -11 :00 PM
Friday: 4:00 PM -1 :30 AM
Saturday: 11 :00 AM -1 :30 AM
Sunday 11 :00 AM -9:00 PM
17. With the exception of acoustic or non-amplified entertainment which is
permitted provided there are no drums, no dancing or live entertainment is
permitted.
18. Prior to submitting a Building Permit application for any tenant
improvements, the applicant shall make any and all revisions to the floor
plan necessary for the project to comply with the California Labor Code
definition of "private smokers lounge."
19. Only members of the private cigar lounge and bar are permitted to enter the
cigar lounge/bar portion of the establishment.
20 . An air purification system shall be installed, operated and maintained during
the smoking lounge/bar hours of business.
21 . Prior to issuance of a certificate of occupancy, all permits from the
Department of Alcoholic Beverage Control (ABC) must be secured.
Resolution 24-01-24-01
Winston's Cigar Lounge and Bar Page 5
Conditions of Approval
January 24, 2024
22. The applicant shall comply with any and all applicable provisions of state
and federal law that regulate the use of tobacco and alcohol together on the
premises, including the California Labor Code.
Responsible Department/Agencies:
B&S
DSD
PW
OCFA
= Building and Safety
= Development Services Department
= Public Works Engineering
= Orange County Fire Authority