Resolution Number 03-01-21-04RESOLUTION NO. 03-01-21-0 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A MODIFICATION TO
ACCESSORY USE PERMIT 96-01 FOR THE RAMOS HOUSE CAFI=
LOCATED AT 31752 LOS RIOS STREET, LOCATED IN THE HISTORIC
RESIDENTIAL ZONE DISTRICT OF THE LOS RIOS SPECIFIC PLAN
(HUMPHREYS/RAMOS HOUSE CAFI=)
WHEREAS, John Humphreys, 31752 Los Rios Street, has requested approval of
a modification to the Accessory Use Permit to increase the number of `private evening
events" from twelve (12) to thirteen (13), to extend the closing time for such events"
from 8:30 p.m. to 9:30 p.m., and to conduct "fund-raising events" without any limitation
as to the number of such events in a given time period; and,
WHEREAS, On October 1, 2002, the Environmental Administrator has reviewed
the project pursuant to Section 15061 of the California Environmental Quality Act
(CEQA) and issued a Negative Declaration (ND) based on a determination that the
proposed project would not result in significant adverse environmental impacts in the
context of CEQA; and has otherwise complied with all applicable provisions of the
California Environmental Quality Act (CEQA) ; and,
WHEREAS, on October 22, 2002, the Cultural Heritage Commission conducted
a duly noticed public meeting to receive testimony on the proposed project and after
due consideration, recommended adoption of the amendment to the Los Rios Specific
Plan (LRSP) and recommended approval of the modification to Accessory Use Permit
96-01 subject to conditions; and,
WHEREAS, on November 26, 2002, the Planning Commission conducted a duly
noticed public hearing to receive testimony on the proposed project and after due
consideration, recommended adoption of the amendment to the Los Rios Specific Plan
(LRSP) and recommended approval of the staff -recommended modification to
Accessory Use Permit 96-01 subject to conditions; and,
WHEREAS, on January 21, 2003, the City Council conducted a duly noticed
public hearing to receive public testimony on the proposed project.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby find
as follows:
1. The proposed accessory use permit modification would be consistent with the
purpose and intent of the "HR" (historic residential) Zone District which is to `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' because the proposed project intensification of commercial use during
the evening hours can be effectively managed through conditions of approval
1 01-21-03
imposed as part of the Accessory Use Permit modification as recommended
herein.
2. The proposed accessory use permit modification would be consistent with the
Land Use Goals of the Los Rios Specific Plan which state that the City will "limit
commercial development to a scale which preserves the residential character of
the District" and "create land use and development standards which protect
residential districts from commercial development through restrictions on the type of
use, the scale of use, proximity of commercial use to residential districts, and operating
hours" (emphasis added) because recommended conditions of approval would
establish appropriate limits on the extent of the commercial use thereby
maintaining the "HR" (historic residential) Zone District's predominant residential
character during the evenings.
BE IT FURTHER RESOLVED, that the City Council hereby approves
modification to the Accessory Use Permit subject to the following conditions:
Alcoholic beverage sales, to the general public, shall only occur in conjunction
with a meal and shall be limited to between the hours of 10:30 a.m. and 3:30
p.m., Monday through Saturday, and 8:00 a.m. and 3:00 p.m. on Sunday.
Serving alcoholic beverages shall be permitted during "private evening events"
which shall be closed to the general public. "Private evening events" shall be
subject to the following conditions:
a. Such events shall be limited to not more than twelve (12) in any twelve-
month period, nor more than two (2) in any thirty (30) day period.
b. Parking for such events shall be prohibited on Los Rios Street. The
applicant shall be required to provide and maintain parking in a
designated, off-site location (outside the Los Rios Specific Plan District)
consistent with Section 9-3.602 (Off-street parking and loading) of Title 9,
Land Use Code. An "off-site parking agreement" shall be subject to
review and approval of the Planning Director prior to conducting a private
evening event.
C. Prior to conducting such events, the owner/operator shall notify the
Planning Services Department of the date, in writing.
d. All "private evening events" shall be concluded with all guests departing
the property by 9:30 p.m.
e. The Ramos House Cafe may host up to four (4) charitable "fund-raising
events' per year for non-profit organizations either based within the City or
if based outside the City, provide services which benefit a substantial
number of San Juan Capistrano residents. Fund raising events for non -
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profit organizations based outside the City shall be subject to the approval
of the Planning Director.
3. No music shall exceed 45 dB(A) as measured at the property line of the site.
4. This permit shall become null and void whenever the principal permitted use, the
serving of meals, is discontinued at the Ramos House Cafe.
5. This permit shall not be transferable to any other party.
This permit shall become null and avoid if the amendment to the Los Rios
Specific Plan establishing the "Accessory Use Permit" provisions is denied.
At the first City Council meeting in January of each succeeding year following
approval of this permit, the Planning Department shall provide a report to the City
Council on compliance of the applicant with the preceding conditions of approval.
PASSED, APPROVED, AND ADOPTED, this 215aMfJanuqry2003.
ATTEST:
A ARET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk, of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 03-01=21-04'was duly adopted by the City Council of the
City of San Juan Capistrano at a regular meeting therear,+eld the 21" day of January 2003, by the
following vote:
AYES: COUNCIL MEMBERS:
Hart, Bathgate, Swerdlin, Soto, and Mayor Gelff
NOES: COUNCIL MEMBERS:
None
ABSENT: COUNCIL MEMBERS:
None
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City Clerk
01-21-03