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Resolution Number 96-5-7-4071 RESOLUTION NO. 96-5-7-4 ' APPROVAL OF ACCESSORY USE PERMIT 96-1 - PERMIT FOR SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD (HUMPHREYS/RAMOS CAFE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SUBJECT TO CONDITIONS, ACCESSORY USE PERMIT 96-I, A REQUEST TO PERMIT THE SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVING AT 31752 LOS RIOS STREET, LOCATED IN THE HISTORIC RESIDENTIAL DISTRICT OF THE LOS RIOS PRECISE PLAN (HUMPHREYS/RAMOS CAFE) WHEREAS, the applicant John Humphreys, 31752 Los Rios Street, San Juan Capistrano, California, has submitted an application for an "Accessory Use Permit" to permit the sale and on-site consumption of alcoholic beverages in conjunction with the serving of food at the Ramos Cafe located at the same address in accordance with the provisions of the Historic Residential District of the Los Rios Precise Plan; and, WHEREAS, the Environmental Administrator has considered the application and determined that with the mitigation measures identified in the Initial Study being made a part of ' "Accessory Use Permit", the impacts of the application have been mitigated to a level of insignificance and has therefore issued a Mitigated Negative Declaration and has carried out all other applicable provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the Cultural Heritage Commission has considered the application in assumption of the disbanded Los Rios Review Committee and provided comments in accordance with the provisions of the Los Rios Precise Plan; and, WHEREAS, the City Council has conducted a duly -noticed public hearing to receive testimony either in favor of, or in opposition to the application. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that "Accessory Use Permit" is consistent with the intent and purpose of the Los Rios Precise Plan and the Historic Residential District in that the use as conditioned will not result in a use that will be incompatible with adjacent permitted uses. BE IT FURTHER RESOLVED, that the City Council does hereby approve Accessory use Permit 96-1, subject to the following conditions: 1. The serving of alcoholic beverages shall only be offered for sale in conjunction with a meal between the hours of 10:30 a. m. and 3:30 p. m., Monday through ' Saturday, and 8:00 a.m. to 3:00 p.m. on Sunday. -1- 072 2. The serving of alcoholic beverages is permitted during the conducting of private evening events which are closed to the general public. The conducting of such events shall be subject to the following conditions: a. Said events shall be limited not more than twelve (12) times in any twelve-month period nor more than two times in any 30 -day period. b. Parking for guests shall be prohibited on Los Rios Street. The applicant shall be required to make prior arrangements for parking in a designated off-site location. Said agreement to be provided to the Planning Services Department prior to the conducting of a private evening event. C. Prior to conducting of such an event the Planning Services Department shall be notified of the date. d. All private evening events shall be concluded with all guests departing the property by 8:30 p.m. 3. No music shall exceed 45 dB(A) as measured from the property line of the site. 4. This permit shall be discontinued whenever the principal permitted use, the serving of meals, is discontinued (Ramos Cafe). 5. This permit shall not be transferrable to any other property. 6. This permit shall become null and void if the amendment to the Los Rios Precise Plan establishing the "Accessory Use Permit" provisions is denied. 7. A review shall be conducted by the City a minimum of every six months for two (2) years, with a report being submitted to the City Council on compliance of the applicants with the conditions of this Accessory Use Permit. PASSED, APPROVED, AND ADOPTED this 7th day of May, 1996. c 1 / A;/ WYAT�/ HART, MAYOR ATTEST: '✓ � 7 CITY CLERER K% -z- 073 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. 96-5-7-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of May, 1996, by the following vote: AYES: Council Members Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: Council Member Jones ABSENT: None (SEAL) (?� ' CHERYL JOHV80N,4CITY CLERK -3-