Resolution Number 24-06-04-061
RESOLUTION NO. 24-06-04-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA MAKING A FINDING OF PUBLIC CONVENIENCE OR NECESSITY
REQUIRED BY THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL FOR WINSTON’S CIGAR LOUNGE AND BAR TO BE LOCATED AT 27129
CALLE ARROYO, SUITE 1803 (ASSESSOR PARCEL NUMBER: 666-131-17)
Whereas, pursuant to applicable provisions of the Business and
Professions Code, the Department of Alcoholic Beverage Control (hereinafter the
“Department”) is charged with the responsibility of reviewing applications and issuance of
licenses (“licenses”) for the sale and/or manufacture of alcoholic beverages in the State
of California; and
Whereas, Section 23958 of the Business and Professions Code provides
that the Department shall deny an application for a license if issuance of that license
would tend to create a law enforcement problem, or if issuance would result in or add to
an undue concentration of licenses, except as provided in Section 23958.4 of said
Business and Professions Code; and
Whereas, the subject business is located in Census Tract 423.12 with
population such that the Department may permit up to eleven (11) off-sale licenses before
an undue concentration would exist, and there are currently eighty-seven (87) off-sale
licenses in Census Tract 423.12; and,
Whereas, Section 23958.4 of the Business and Professions Code provides
that, notwithstanding the limitations of Section 23958, the Department shall issue a
license if the applicant shows that “public convenience or necessity” would be served by
the issuance of such license; and
Whereas, said Section 23958.4 further provides that the determination of
“public convenience or necessity” shall be made by the Department with regard to certain
applications, and shall be made by the local governing body of the area in which the
applicant premises are located with regard to certain other applications; and
Whereas, as a local governing body within the meaning of said Section
23958.4 of the Business and Professions Code, the City Council of the City of San Juan
Capistrano (hereinafter the “City Council”) has the discretion to determine when the public
convenience or necessity would be served by allowing an alcohol license in an area where
there is an undue concentration of licenses; and
Whereas, Under state law Section 23790 of the Business and Professions
Code, the Department may not issue an alcohol license if it violates an existing local
zoning ordinance; and,
Whereas, the subject site has a zoning designation of Planned Community
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and is governed by Comprehensive Development Plan (CDP) 78-01, Sector B-1; and
Whereas, on September 27, 2023, the Planning Commission determined
that a private club use is a conditionally permitted use within Sector B-1 of CDP 78-01;
and,
Whereas, on January 24, 2024, the Planning Commission conducted a
duly-noticed public hearing 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. Following said public hearing, the Planning Commission adopted a resolution
granting Conditional Use Permit 23-004 for the operation of a private cigar lounge and
bar at 27129 at 27129 Calle Arroyo, Suite 1803 (Assessor Parcel Number 666-131-17);
and,
Whereas, Rick Collins, 638 Camino De Los Mares, San Clemente, CA. has
applied for a Type 48 On Sale and Off Sale General Public Premises license from the
Department to allow for the on-site consumption and retail sale of alcoholic beverages for
off-site consumption in conjunction with the operation of a private cigar lounge within a
3,110 sq. ft. commercial tenant space located at 27129 Calle Arroyo, Suite 1803
(Assessor Parcel Number 666-131-17); and,
Whereas, South Capistrano Enterprises, LLC is the owner of real property
located at 27129 Calle Arroyo (APN: 666-131-17); and,
Whereas, the City's Environmental Administrator has determined that a
finding of Public Convenience or Necessity is categorically exempt from the California
Environmental Quality Act (CEQA) under CEAQ Guidelines Section 15301 (Class 1
“Existing Facilities”) as said finding does not constitute an expansion of the existing
facility.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby find that the public convenience or
necessity would be served by the proposed cigar lounge use for the following reasons:
1. Although the proposed alcohol sales are within a census tract with an undue
concentration of alcohol licenses, the proposed private cigar lounge and bar
project was reviewed by the Planning Commission at a duly noticed public hearing
and approved with conditions of approval that avoid impacts to the surrounding
businesses and community; and,
2. Police Services is aware of the proposed private cigar lounge and bar at this
location and the request for a Type 48 license and did not express concerns
related to public safety based on the Planning Commission-imposed conditions
and operating restrictions; and
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3. Although the proposed location is within a census tract with an undue
concentration of retail alcohol licenses, there is only one other Type 48 license
(On- Sale General Public Premises) within census tract 423.12; and,
4. Although there are 87 active ABC licenses within the census tract that has been
determined to have an undue concentration of alcohol licenses, most of the
licenses are for on-site beer and wine consumption associated with eating
establishments, only 26 of the licenses are located east of I-5 and the closest
license is located 1,000 feet from the subject private cigar lounge.
5. The proposed private cigar lounge would be compliant with the State Labor Code
which is intended to restrict and prohibit the smoking of tobacco products in
enclosed places of employment in order to reduce employee exposure to
environmental tobacco smoke.
PASSED, APPROVED AND ADOPTED on the 6th day of June 2024.
_____________________________________
SERGIO FARIAS, MAYOR
ATTEST:
______________________________
CHRISTY JAKL, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Christy Jakl, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 24-06-04-06 was duly adopted by the City Council of
the City of San Juan Capistrano at a Regular meeting thereof, held the 4th day of June
2024, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell and Mayor Farias
NOES: COUNCIL MEMBERS: Mayor Pro Tem Bourne
ABSENT: COUNCIL MEMBERS: None
____________________________
CHRISTY JAKL, CITY CLERK