PC Resolution-24-02-28-03PC RESOLUTION NO. 24-02-28-03
CODE AMENDMENT (CA) 23-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE CODE AMENDMENT (CA) 23-002 TO AMEND THE LOS RIOS SPECIFIC
PLAN (SP 78-01) TO ALLOW EATING ESTABLISHMENTS NO LARGER THAN 1,000
SQUARE FEET (S.F.), WITH BEER AND WINE SERVICE WITH FOOD SERVICE
BETWEEN 11 :00 A.M. AND 8:00 P.M., AS ACCESSORY USES AND IN
CONJUNCTION WITH A PERMITTED OR CONDITIONALLY PERMITTED USE IN THE
HISTORIC COMMERCIAL DISTRICT AND CLARIFY THE BOUNDARY LINE
BETWEEN THE HISTORIC COMMERCIAL DISTRICT AND THE HISTORIC
RESIDENTIAL DISTRICT THAT TRAVERSES THE PROPERTY LOCATED AT 31791
LOS RIOS STREET (APN 121-160-17) AND A FINDING THAT SAID ACTION 15
CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PER STATE CEQA GUIDELINES SECTIONS 15311 AND 15303 (APPLICANT:
31791 LOS RIOS STREET LLC).
Whereas, 31791 Los Rios Street LLC, of 31791 Los Rios Street, San Juan
Capistrano CA 92679 (the "Applicant"), has requested approval of Code Amendment (CA)
23-002 to amend the Los Rios Specific Plan (SP 78-01) (the "Los Rios Specific Plan") to
allow eating establishments no larger than 1,000 square feet (s.f.), with beer and wine
service with food service between 11 :00 a.m. and 8:00 p.m., as accessory uses and in
conjunction with a permitted or conditionally permitted use in the Historic Commercial
district and clarify the boundary line between the Historic Commercial District and the
Historic Residential District that traverses the property located at 31791 Los Rios Street
(APN 121-160-17) (the "Project"), which is General Plan-designated Specific
Plan/Precise Plan (SP/PP) and classified as Specific Plan/Precise Plan (SP/PP) on the
Official Zoning Map and regulated by the Los Rios Specific Plan; and,
Whereas, 31791 Los Rios Street LLC, is the owner of real property located
at Assessor's Parcel Numbers 121-160-17 & 20; and,
Whereas, on June 20, 2023, the City Council approved the initiation of and
directed staff to conduct an appropriate study for amendment of the Los Rios Specific
Plan (Code Amendment 23-002) (the "Proposed Land Use Code Amendment"); and,
Whereas, as the Project is currently proposed, the Applicant seeks approval
to amend the Los Rios Specific Plan to modify certain development standards,
boundaries, and staff is proposing a clean-up amendment; and,
Whereas, the proposed Project is being processed pursuant to Section 9-
2.301, Development Review, of the Land Use Code; and,
Whereas, pursuant to Section 21067 of the Public Resources Code, and,
Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal.
PC Resolution 24-02-28-03 2 February 28, 2024
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and,
Whereas, in accordance with CEQA, the City's Environmental Administrator
has determined that the project is categorically exempt from further review under CEQA
per State CEQA Guidelines Section 15311, Class 11 "Accessory Structures" and Section
15303, Class 3 "New Construction or Conversion of Small Structures". The project is
consistent with Sections 15311 and 15303 because the proposed project includes the
allowance to construct an accessory eating establishment, or restaurant, of up to 1,000
s.f., operated accessory to existing permitted or conditionally permitted uses, and well as
clarifying other accessory activities or structures associated with the permitted and
ongoing uses. Lastly, no exceptions to the exemption in State CEQA Guidelines, Section
15300.2 apply. A Notice of Exemption (NOE) will be posted should the Project receive
final approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15061 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 February 28, 2024, 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 has
considered all relevant public comments and all documents and evidence submitted,
including but not limited to the staff report and attachments, and materials submitted by
the applicant; and,
Whereas, the Planning Commission recommended changes to the Code
Amendment, including that approval of an Accessory Use Permit (AUP) be required prior
to the service of beer or wine with food service, and that the proposed hours of alcohol
service be eliminated as the hours will be set by the approved AUP; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
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 pursuant to
State CEQA Guidelines Section 15311, Class 11 "Accessory Structures" and State CEQA
Guidelines Section 15303, New Construction (Class 3). The project is consistent with
Sections 15311 and 15303 because the proposed project includes the allowance to
construct an accessory eating establishment, or restaurant, of up to 1,000 square feet,
operated accessory to existing permitted or conditionally permitted uses, as well as
clarifying other accessory activities or structures associated with the permitted and
ongoing uses. Therefore, no further environmental review is necessary.
None of the exceptions to the categorical exemptions as set forth in State
PC Resolution 24-02-28-03 3 February 28, 2024
CEQA Guidelines Section 15300.2 applies. The six (6) exceptions to this Exemption are:
(a) Location; (b) Cumulative Impacts; (c) Significant Effect; (d) Scenic Highways; (e)
Hazardous Waste Sites; and (f) Historical Resources.
a. The sites which would be impacted are centrally located in the City
of San Juan Capistrano and in the Los Rios Specific Plan, and have been previously
developed with structurers, residences, and commercial uses. The proposed project is
not located within particularly sensitive environments and will not impact an environmental
resource of hazardous or critical concern where designated, precisely mapped, and
officially adopted pursuant to law by federal, state, or local agencies;
b. There is no possibility of a cumulative impact of the same type of
project in the same place over time. The project involves amendments to the Historic
Commercial district of the Lost Rios Specific Plan to allow for eating establishments up to
1,000 s.f., The project impacts the entirety of the district, and the likelihood of a successive
project in this site is low and there is no possibility of a cumulative impact from this same
type of project in this area over time;
c. The project is not marked by unusual circumstances. There is
nothing unusual about the development of a commercial site with an accessory eating
establishment of less than 1,000 square feet on a property in a commercially zoned district
of the City;
d. The project would not damage scenic resources, including but not
limited to, trees, historic buildings, rock outcroppings, or similar resources, within a
highway officially designated as a state scenic highway due to this project solely being an
amendment to the Specific Plan Document, allowing for future development, which would
undergo separate review under CEQA;
e. The project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code;
f. The project would not cause a substantial adverse change in the
significance of a historical resource.
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 Section 9-2.309, Code Amendment, of Title 9, Land Use Code of the
City of San Juan Capistrano:
1. The proposed Land Use Code Amendment conforms with the goals and policies of
the General Plan because it provides for the fulfilment of the General Plan's goals
and policies, including, Land Use Goal 1, which provides, "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 Policy 1.2,
which provides, "Encourage commercial, tourist-oriented, and industrial
PC Resolution 24-02-28-03 4 February 28, 2024
development that is compatible with existing land uses within the City to improve the
generation of sales tax, property tax, and hotel occupancy tax." The proposed Land
Use Code Amendment will allow for the development of small eating establishments
accessory to existing use, enhancing the ability for existing and future business
operations, which are developed in accordance with the Historic Commercial District
of the Los Rios Specific Plan, to generate revenue and in turn sales tax.
Furthermore, the clarification of the Historic Commercial district boundary to avoid
bisecting structures allows for clear identification of where uses are permitted to be
established.
2. The proposed Land Use Code Amendment is necessary to implement the General
Plan and to provide for public safety, convenience and/or general welfare because
the proposed amendment achieves the goals and policies of the General Plan for
the reasons listed above.
3. The proposed Land Use Code Amendment conforms with the intent of the
Development Code and is consistent with all other related provisions thereof
because the Project and future development which may be pursued in response to
this Project will comply with the development standards established in the Los Rios
Specific Plan (SP 78-01 ).
4. The proposed Land Use Code Amendment is reasonable and beneficial at this time
because the City has received an application to amend the development standards
in the Los Rios Specific Plan, subject to approval of all required entitlement.
Furthermore, the addition of the accessory eating establishment would maintain
compatibility with the adjacent neighborhood zoning designation which permits
eating establishments as accessory uses and the adjacent commercial zoning
designation which permits eating establishments as a principal use.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that the City Council
approve Code Amendment (CA) 23-002, amending Page 28 and 29 of the Los Rios
Specific Plan (SP 78-01 ), to read as set forth in Exhibit A; and modifying the boundary
line between the Historic Commercial and Historic Residential Districts on 31791 Los Rios
Street so that it no longer bisects structures and is clearly identifiable due to following the
line of existing structures, as set forth in Exhibit B; attached hereto and incorporated
herein by reference, and determine that no further CEQA review is required.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend that the City
Council direct staff to investigate citywide standards for restaurants adjacent to residential
uses.
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
PC Resolution 24-02-28-03 5 February 28, 2024
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, March 14,
2024. This Project approval shall be valid for a period of 12 months from the effective
date of approval of this resolution, and shall expire on March 15, 2025 unless a time
extension request is granted by the zoning administrator or a grading permit 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.
PASSED, APPROVED AND ADOB
Joel Raj
Planning
D this 28th day of February 2024.
Services Director /
tary
EXHIBIT A
Pages 28 and 29 of the Los Rios Specific Plan (SP 78-01) is hereby amended to read
as follows:
1. Historic Commercial (HC) District.
a. Purpose and Intent:
To provide for low intensity commercial uses that reinforce the rural and historic
character of the Los Rios area.
b. Principal Uses Permitted :
1. Retail sales:
a. Storage of plants and other nursery items;
b. Farmers' market items, such as fruits, vegetables and flowers, provided they
are grown on the site;
c. Paintings, jewelry, leather goods, pottery and similar items, provided they
are crafted on the site.
2. Non-retail uses such as greenhouse, crop and tree farming and wholesale
nursery.
3. Equestrian-oriented uses and activities, such as feed store and saddlery
shop.
4. Park and recreational uses that are passive in nature, such as picnicking,
arts and craft workshops, outdoor cultural performances.
5. Administrative offices, employee meeting rooms, restrooms, storage and a
caretaker's residential unit.
c. Conditional Uses Permitted:
1 . Petting zoos with related ancillary uses and activities.
2. Small animal raising, commercial or non-commercial, limited to small
domesticated species, such as sheep, rabbits, chickens and animals of similar
size. Animal slaughtering or commercial animal raising or breeding shall be
prohibited.
3. The keeping of horses, commercial or non-commercial, as set forth in Section
9-3.620 of the Municipal Code, provided the density does not exceed six horses
per acre and a live-in caretaker resides on site.
d. Accessory Uses Permitted .
1. Eating establishments no larger than 1,000 square feet, in conjunction with, and
clearly accessory to, a permitted Principal or Conditional Use identified in
Sections (b) and (c) above. Eating establishments shall not be greater than the
Principal or Conditional permitted use in size, operation, or patronage. Eating
establishments may serve beer and wine (no distilled spirits) subject to the
issuance of an Accessory Use Permit pursuant to Part 4.E. of this Specific Plan.
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e. Development Standards:
Structures, permanent or temporary, shall be designed and sited consistent with
the Site Design Standards of this Specific Plan and comply with the following:
1. Minimum lot size:
2. Minimum frontage:
3. Minimum front yard setback:
15,000 square feet.
60 feet.
(one-story) 10 feet.
(two-story) 20 feet.
4. Minimum side yard setback: 8 feet one side & 18 feet total.
5. Minimum rear yard setback: 20 feet.
6. Maximum building height: 15 feet. 30 feet if structure is placed within 100
feet of the westerly property line adjacent to Paseo Adelanto.
7. Maximum building area: n/a.
8. Minimum open area: 90%.
9. Architectural projections: Any portion of a structure attached to and
extending beyond the exterior face or roof of the structure including, but not
limited to, tower elements, chimneys, steeples, awnings, eaves, or bay windows
shall be considered an architectural projection. Architectural projections may
project into any required setback or exceed the maximum building height limit
as specified in the applicable provisions of this section.
10. Parking: To protect on-site and adjacent off-site historic resources and their
character, vehicular parking requirements are considered satisfied by a central
public parking lot in the Los Rios Specific Plan area .
e. 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.
f. Supplementary District Regulations:
1. 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.
2. In instances where beer or wine is served in conjunction with food service at an
eating establishment pursuant to Section (d)(1) above, in addition to any Alcohol
Beverage Control (ABC) fencing/barrier requirements, a physical barrier, such
as a wall, fence or structure shall be erected along the property's entire Historic
Commercial (HC) District boundary to prevent alcohol consumption from
traveling to the adjacent Historic Residential (HR) District.
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Page 47 of the Los Rios Specific Plan (SP 78-01) is hereby amended to read as follows:
ii. Any proposal to relocate a structure(s) to, from, or within the Los Rios Specific Plan
Historic District shall be subject to review by the Cultural Heritage Commission. The
proposed relocation site will comply with Secretary of the Interior's "Guidelines for
Moving Historic Buildings" and the State Office of Historic Preservation's "Regulations
for California Register of Historical Resources."
D. Commercial Core Planning Area. Discretionary review of the Commercial Core Planning
Area shall be undertaken consistent with the requirements of the SPA (Appendix A to this
Specific Plan).
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 3.8.5.c.5. in the Historic
Residential District or Part 3.8.4.d.1. in the Historic Commercial 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 services 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
in the Historic Residential District or new eating establishments in the Historic
Commercial District may apply for a new Accessory Use Permit.
c. Permitted Hours of Alcohol Service.
The allowed hours of alcohol services 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.
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