Resolution Number 95-10-3-3RESOLUTION NO. 95-10-3-3
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF AN
ADMINISTRATIVE DETERMINATION REGARDING THE SALE OF
ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVICES FOR
A COTTAGE COMMERCIAL AND RESIDENTIAL USE AT 31752 LOS RIOS
STREET WITHIN THE HISTORIC RESIDENTIAL DISTRICT OF THE LOS
RIOS PRECISE PLAN (HUMPHRIES/RAMOS HOUSE CAFE)
WHEREAS, the appellant, Mr. John Humphries, 31752 Los Rios Street, San Juan
Capistrano, California 92675, has applied for a permit to the California Alcoholic beverage
Commission to sell beer and wine at the above -noted address in conjunction with a food service use
established in the Historic Residential District of the Los Rios Precise Plan; and,
WHEREAS, the Planning Director reviewed the list of uses permitted in the Historic
Residential District of the Los Rios Precise Plan and has determined that the consumption of alcoholic
beverages in conjunction with a food service use is not permitted and has so informed the appellant
' and the California Alcoholic Beverage Commission of said determination by letters dated August 21
and August 22, 1995, respectfully; and,
WHEREAS, the appellant has submitted a letter to the City appealing the
determination of the Planning Director in accordance with the provisions of the Municipal code.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano considered the appeal at its meeting of October 3, 1995, and after reviewing the
report from the Planning Director and taking testimony on the request, the City Council does hereby
deny the appeal based upon the following findings:
1. The Historic Residential District lists different types of uses which ma be
permitted as a cottage commercial use subject to a residential occupancy of the building. Under these
provisions, food -related establishments are defined as "... establishments such as small item baking
and cooking, small canning food drying facilities, fruits or produce stands, nuts, cheese, coffee, juices,
etc..." The introduction of the sale of alcoholic beverages for on-site consumption with a food
establishment is not identified and is therefore prohibited as a permitted use.
2. Although the Historic Residential District mentions the sale of wine (including
wine tasting) it is specifically related t the sale of retail products (bulk/packaged merchandise) and
is not related as an accessory product of a food service establishment.
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3. In identifying uses which permit the consumption of alcoholic beverages, the
Municipal Code specifically defines such uses as eating and drinking establishments, cocktail lounges
and taverns, the Historic Residential district does not include any of these common terms used to
describe its permitted uses.
PASSED, APPROVED, AND ADOPTED this
October ,1995.
ATTEST:
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CITY CLE
CAROLYN NASH, MAYOR
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3rd
day of
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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.
95-10-3-3 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of October 1995, by the
following vote:
AYES: Council Members Bart, Campbell, Swerdlin and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: Council Member Jones
(SEAL)
CHERYL JOHN CITY CLERK
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