Resolution Number 97-6-17-2387
RESOLUTION NO. 97-6-17-2
APPROVING MITIGATED NEGATIVE DECLARATION AND
ACCESSORY USE PERMIT FOR PROPERTY LOCATED AT
31731 LOS RIOS STREET (NICCOLA/RODMAN)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND CONDITIONALLY APPROVING AN ACCESSORY USE
PERMIT FOR THE "TEA HOUSE ON LOS RIOS STREET" FOR PROPERTY
LOCATED AT 31731 LOS RIOS STREET AND MORE PRECISELY REFERRED
TO AS ASSESSOR'S PARCEL NUMBER 121-143-06 AND RESCINDING
RESOLUTION NO. 97-1-21-2 (NICCOLA/RODMAN)
WHEREAS, Allan and Claudia Niccola have requested approval of an accessory use
permit to allow "sale of alcoholic beverages" in conjunction with food service use at the Rodman
House which will be adaptively reused as a "tea -house", and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and has issued a negative
declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's
Environmental Review Guidelines, and any mitigation measures have been included herein as
conditions of approval, and has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA) ; and,
WHEREAS, the Cultural Heritage Commission has considered the Environmental
Review Board's determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA) and on November 26, recommended approval of a mitigated negative declaration; and,
WHEREAS, the Cultural Heritage Commission conducted a duly noticed public
hearing on December 10, 1996 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project and recommended denial of the accessory use permit.
WHEREAS, on January 21, 1997, the City Council conducted a duly -noticed public
hearing and approved the Accessory Use Permit with a condition relating to dedication of a
pedestrian access easement, and,
WHEREAS, Allan and Claudia Niccola have requested deletion of that condition.
NOW, THEREFORE, BE fP RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
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1. The proposed accessory use permit would be consistent with the policies and
objectives of the San Juan Capistrano General Plan, and the purpose and intent of the Los Rios
Precise Plan; and,
2. The proposed accessory use permit would be consistent with the requirements
of the "Historic Residential" District, the Site Design Standards; the Architectural Design Guidelines
of the of the Los Rios Precise Plan subject to the conditions contained in this resolution; and,
3. The proposed accessory use permit would comply with all applicable
provisions of the Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby approves a mitigated negative declaration and an accessory
use permit subject to the following mitigation measures and conditions of approval:
Mitigation Measures
All construction activity shall comply with the City's adopted "noise standards" as
contained in Section 9-3.615 of the Municipal Code. Furthermore, all construction
activity shall be restricted to the hours of 7:00 am to 7:00 pm, Monday through
Friday, and 8:30 am to 4:30 pm Saturday, and shall be prohibited on Sundays.
2. All construction equipment operated by internal combustion engines shall be provided
with approved noise damping or mufflers which comply with the noise provisions of
Section 9-3.615 of the Municipal Code.
Prior to issuance of any permit(s) for outdoor lighting for the proposed "tea house"
or adjoining parking lot, the project proponent shall prepare and submit a lighting
plan. The lighting plan shall be designed to comply with the provisions of Section 9-
3.614, Lighting of the Land Use Code. The lighting plan shall include the location of
all lighting, light source (high pressure sodium, metal halide), lens (NEMA) type,
height, mounting (building, pole, etc.), vertical tilt, horizontal orientation,
cutoff/shielding.
4. Prior to issuance of any permit(s) for outdoor lighting for the proposed "tea house"
or adjoining parking lot, the project proponent shall prepare and submit a photometric
analysis of the fighting plan. The photometric analysis shall adequately demonstrates
that the location and intensity of proposed lighting will be compatible with the
surrounding neighborhood to the satisfaction of Planning Director.
All exterior fighting fixtures shall be provided with shielding and situated so that direct
light does not encroach on adjoining properties, in particular nearby residential
properties.
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6. In order to comply with the spirit and intent of the residential occupancy permit, the
owners of the Rodman house property shall be required to reside in a structure within
seventy-five (75) feet of the Rodman house and on a directly adjoining property.
Failure to maintain residential occupancy as defined herein shall constitute a violation
of the Municipal Code and may result in business license suspension or revocation.
The proposed "tea house" business may be operated daily, between the hours of 7:00
am and 5:00 pm. Conversely, the proposed "tea house" business shall not be operated
between the hours of 5:00 pm and 7:00 am. However, the "tea house" may be
operated for private party special events (not open to the general public) subject to
time limitations established in the conditions of approval.
8. Prior to issuance of any building or other permit for relocation of any structure
associated with the project, the applicant shall secure the necessary encroachment
permits from the Engineering and Building Department. The relocation shall be
completed by a licensed and bonded relocation company within the State of
California. Relocation of any structures shall comply with all requirements of the
Engineering and Building Department
Prior to issuance of any building permit, the applicant shall prepare and submit
improvement plans for the (south) parking lot indicating number of spaces,
dimensions, and striping consistent with the requirements of the Precise Plan. Prior
to issuance of any business license for commercial use of the Rodman house ("Tea
House on Los Rios), the applicant shall complete all required parking improvements
consistent with the approved plans and demonstrate compliance with the minimum
requirements of the Land Use Code.
10. Prior to issuance of any business license for commercial use of the Rodman house
("Tea House on Los Rios), the applicant shall submit a joint/off-site parking
agreement between 'Rodman" property and the property on which off-site parking
lot is situated. The joint/off-site parking agreement shall exclusively reserve such
parking for use by the Rodman "tea house".
11. Building permit plans for the proposed addition shall substantially comply with the
Planning Commission -approved plans for the project. Specifically, the building permit
plans for the proposed addition shall comply with the Planning Commission -approved
architectural plans including single -story, board and batten construction and with the
approved material and color board.
12. The 'Buddy" Forster house will be setback approximately one hundred and fifteen
(115) feet from the Los Rios Street right-of-way. Precise siting will be determined
by the Planning Director based on preservation of the existing thirty-six inch (36")
Eucalyptus tree. However, the 'Buddy" Forster house shall not be sited within one -
hundred and ten (110) feet of Los Rios Street.
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13. The landscape plan shall be revised to provide for preserving existing trees and
planting supplemental specimen trees, as determined necessary by the Planning
Director, along the easterly property line of the relocated "Buddy" Forster house (rear
of the Trulis house) to serve as a visual buffer to Los Rios Street. The objective shall
be to reduce the building mass as opposed to screen the Forster house from public
view.
Prior to the issuance of any building permit, the applicant shall submit a "phasing
plan" detailing the scheduling of all building and landscape improvements which will
be subject to Planning Director approval. Prior to issuance of the occupancy permit
for the relocated 'Buddy" Forster house, related landscaping improvements, includi,ig
the installation of any required specimen trees, shall be completed consistent with the
approved phasing plan.
14. Prior to issuance of permits to allow relocation of the 'Buddy" Forster house, the
applicant will secure approval of a landmark alteration with findings that relocation
will constitute a less significant historical impact to the Los Rios Historic District,
than demolition of the Forster house.
15. In the event the City approves the relocation of the 'Buddy" Forster house, the
applicant shall be required to install a brass marker plaque along the Los Rios Street
frontage providing a brief history of the structure, its original location, and the date
of relocation. The language on the plaque shall be subject to Cultural Heritage
Commission review and approval.
16. The applicant will retain the services of a SOPA (Society of Professional
Archaeologists) -certified archeologist who will monitor all grading and excavation for
potential impacts on cultural resources including archeological, paleontological, and
historic resources for any grading extending more than eighteen (18) inches below
natural grade. Prior to grading permit issuance, the applicant will provide an executed
contract for services with a SOPA-certified archeologist including a scope -of -work
which provides for comprehensive monitoring; a contingency for assessment,
recovery, and/or evaluation; and the preparation of a technical memoranda or report.
In the event cultural resources are encountered during grading, the monitor may cease
grading operations, consistent with City Council policy, to allow for the assessment,
recovery, and/or evaluation of any cultural resources.
Conditions of Approval
The sale of alcoholic beverages shall be an accessory use and shall only be valid while
the applicant operates and maintains a food service establishment and shall only occur
within or at the Rodman house ("Tea House on Los Rios"). The sale of alcoholic
beverages shall be limited to beer and wine.
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2. The sale of alcoholic beverages shall only be permitted in conjunction with and shall
only occur during food service hours (daily from 7:00 am to 5:00 pm), provided
however that alcoholic beverages may be served in conjunction with private party
events (not open to the general public) subject to the following:
a. The applicants shall be limited to conducting not more than two (2) private
parry events (not open to the general public) during any thirty (30) day period
and not more than twelve (12) events during any twelve (12) month period.
b. Private party event patrons shall be prohibited from parking along Los Rios
Street and all parking shall occur off-street and on-site.
C. At least five (5) days before conducting a special event, the "tea house"
operator shall notify the City in writing of the date of the private party event.
d. All private special events shall conclude and all guests shall vacate the
premises by 8:30 pm.
The volume of music shall not exceed 45dB(A) measured at any property line on the
Rodman house site.
At such time that the applicant discontinues food service, this accessory use permit
shall automatically become null and void.
City staff may conduct an annual review of the accessory use permit to determine
compliance with all conditions of approval and provide a compliance report to the
City Council. In the event the City determines that the conditions of approval have
been violated in such a manner as to render the use incompatible with the Los Rios
Historic District, the City may revoke the accessory use permit. The City will provide
the "tea house" owner/operator with notice regarding City Council review of said
compliance report.
6. This accessory use permit shall only become valid on issuance of a valid operator's
license of the appropriate class issued by the State of California Alcoholic Beverage
Control (ABC) Board.
The business operator/owner shall include language on the menu advising guests of
a two (2) drink maximum per guest per visit, and employees shall enforce a two (2)
drink maximum for all guests.
8. As part of the business marketing plan, the business operator/owner will encourage
guests to park their vehicles in downtown public parking lots/spaces and use Amtrak.
Marketing brochures will indicate on-site parking is limited and provide a diagram
showing public parking lots in relationship to the "Tea House on Los Rios".
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In conjunction with the design of the planned Paseo Adelanto public parking lot as
envisioned by the Los Rios Precise Plan, the City will collaborate with the owners of
the "Tea House on Los Rios" to establish a parking lot design which will meet the
parking needs of the "Tea House" as well as the overall objectives of the planning
area. In conjunction with design review but prior to initiating construction, the City
will pursue an off-site parking agreement with the owners of the "Tea House on Los
Rios" which would facilitate removal of business traffic from Los Rios Street.
10. On a quarterly basis, beginning ninety days following issuance of a business license
for and the opening of the "Tea House on Los Rios", City staff will provide a status
report to the City Council on the operation of the business, any issues or complaints
encountered, and recommendations to address such issues.
BE IT FURTHER RESOLVED, that City Council Resolution No. 97-1-21-2 is
hereby rescinded.
PASSED, APPROVED, AND ADOPTED this 17th day of June
1997.
ATTEST:
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CITY CU
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DAVID M. S IN, MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
97-6-17-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on 17th day of June 1997, by the following
vote:
AYES: Council Members Greiner, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Jones
ABSENT: Council Member Hart
(SEAL)
CHVRYL JORNSON, CITY CLERK
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