PC Resolution-13-10-08-02PC RESOLUTION NO. 13-10-08-02
CONDITIONAL USE PERMIT (CUP) 13-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A REQUEST TO ESTABLISH A BREWPUB WITHIN A
2,424 SQUARE FOOT TENANT SPACE AT 31896 PLAZA DRIVE, SUITE D3
(ASSESSORS PARCEL NUMBER: 668-451-01) (THE BREWHOUSE)
Whereas, Andrew Reed and Ronald Bland, of Lupulin Ventures LLC, 32
Castletree, Rancho Santa Margarita, CA 92688 have requested approval of CUP 13-013,
The BrewHouse, to allow a brewpub to operate in a 2,424 square foot tenant space at
31896 Plaza Drive, Suite D3, which is General Plan -Designated 3.1 General Commercial
and classified as General Commercial on the Official Zoning Map; and,
Whereas, Capistrano Home Center LLC is the owner of real property located
at 31896 Plaza Drive (APN 668-451-01 and 668-241-23); 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 determined that
the project qualifies for a Class 1 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on October 8, 2013 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.317 of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed use and design are consistent with the maps and policies of the
General Plan because the use is consistent with the 3.1 General Commercial land
use designation established by the General Plan; and,
PC Resolution 13-10-08-02 2 October 8, 2013
2. The proposed use and design are consistent with the purpose, intent, and
standards of the Land Use Code and any applicable specific plan or comprehensive
development plan, except as otherwise approved, because brewpubs are expressly
allowed subject to the approval of a Conditional Use Permit in the General
Commercial zoning district; and,
3. The site for the proposed use is adequate in size and shape to accommodate all
yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and
building code considerations, trash and recycling enclosures, and other features
pertaining to the application because the site is not being modified in any way and
the project consists only of establishing a new use within an existing structure; and,
4. The proposed use and the on-going operation of the use are compatible with
abutting properties and the permitted uses thereof, and will not generate excessive
light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances,
or hazards because, as conditioned, the use will not conflict with the nature of other
businesses operating in the vicinity, will not keep similar hours of operation to
reduce potential conflicts, and will be of relatively small scale; and,
5. The site for the proposed use has adequate access and parking to support the use
because the site is located within the City's "Park -Once" boundary, and the
variations in peak parking demand between the different tenants/land uses will not
result in a deficiency of parking spaces subject to the conditions of approval.
Furthermore, the BrewHouse will receive market support, at least in part, by the
employees and customers of other tenants within the Center thereby reducing
overall parking requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 pm, Wednesday, October
23, 2013. This project approval shall be valid for a period of 2 years from the date of
approval of this resolution, and shall expire on October 8, 2015 unless a time extension
request or building permit application related to this discretionary approval is submitted to
the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PC Resolution 13-10-08-02
October 8, 2013
PASSED, APPROVED AND ADOPTED this 8th day of October, 2013, by the
following vote, to wit:
Sheldo ohen, Chairman
Wham A. Ramsey, AICP, Assist t irector
Secretary
RESOLUTION #: 13-10-08-02
CONDITIONS OF APPROVAL
Project #: CUP 13-013
Project Name: The BrewHouse
APPROVAL DATE: October 8, 2013
EFFECTIVE DATE: October 23, 2013
EXPIRATION DATE: October 8, 2015
These conditions of approval apply to Conditional Use Permit 13-013 a request for
approval to establish a brewpub to operate in a 2,424 square foot tenant space. The
subject site is 31896 Plaza Drive, Suite D3, and more specifically referred to as APN:
668-451-01. Any proposed change of use or expansion of the area or modifications to
the site plan or structures shall be submitted to the City Development Services
Department, along with the required application and deposit or fee, for review. For the
purpose of these conditions, the term "applicant" shall also mean the developer, the
owner or any successor(s) in interest to the terms of this approval.
General Conditions:
Conditional Use Permit 13-013 is granted to establish and operate a
brewpub in a 2,424 square foot tenant space within an existing building.
The subject site is 31896 Plaza Drive, Suite D3, and more specifically
referred to as APN: 668-451-01. Approval is granted based on the
application materials submitted by Andrew Reed and Ronald Bland, of
Lupulin Ventures, LLC on August 29, 2013. These plans and the proposed
use of the site are approved as submitted and conditioned herein, and
shall not be further altered unless reviewed and approved by the affected
city departments. Minor modifications to this approval which are
determined by the Development Services Director to be in substantial
conformance with the approved site plan, and which do not intensify or
change the use or require any deviations from adopted standards, may be
approved by the Development Services Director upon submittal of an
application and the required deposit or fee. If not appealed, this approval
shall become effective on the first business day following the fifteenth
(15th) day after the date of the Planning Commission's approval and shall
expire October 8, 2015 (24) months after the effective date of the approval
unless the use or occupancy which is the subject of this action has taken
place and all conditions of approval have been met, or a time extension
has been granted by the City. Any application for an extension of time
shall be submitted to the Development Services Department, along with
the required deposit or fee, at least ninety (90) days prior to the expiration
date of this approval, except as otherwise approved by the Development
Services Director.
Planning Commission Resolution 13-10-08-xx Final Conditions of Approval
CUP 13-013 The BrewHouse October 8, 2013
Page 2 of 4
2. The brewpub shall not operate past 11:00 pm Sunday through Thursday;
and 12:00 am Friday & Saturday. Violation of the operating hour
restrictions may result in the City initiating revocation proceedings on the
Conditional Use Permit for the brewpub use, and may result in the City
filing a formal complaint with the Alcoholic Beverage Control (ABC) Board
which may result in the revocation of ABC license(s).
3. All activities shall be solely conducted within the building and shall not
include live entertainment. No activities and/or live entertainment shall
take place outside of the tenant space without approval of a Special
Activities Permit or a modification to the Conditional Use Permit. All other
provisions of Section 9-3.547 Special activities (non-residential) shall
apply.
4. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements. The application shall obtain approval from Orange County
Health Care Agency prior to issuance of a City Business License.
5. The Applicant must satisfy all requirements of the Orange County Fire
Authority (OCFA).
6. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
7. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
8. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
Planning Commission Resolution 13-10-08-xx Final Conditions of Approval
CUP 13-013 The BrewHouse October 8, 2013
Page 3 of 4
9. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
10. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
11. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
12. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
13. Prior to issuance of any new business license within the Capistrano Home
Center, the property owner Capistrano Home Center, LLC shall submit an
updated parking analyses which demonstrates that overall parking will be
sufficient to accommodate all tenants in the Center consistent with the
requirements of Section 9-3.535, Parking of the Title 9, Land Use Code
and subject to review and approval by the Development Services Director.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
14. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
15. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
Planning Commission Resolution 13-10-08-xx Final Conditions of Approval
CUP 13-013 The BrewHouse October 8, 2013
Page 4 of 4
16, Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:30 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(B&S)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
17. Final Planning Inspection. The applicant shall schedule a final inspection
by the Development Services Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
Responsible Agencies: B&S
Building and Safety
ENG =
Engineering Department
PLN =
Planning Department
PW =
Public Works Department
OCFA =
Orange County Fire Authority
Date of Approval: October 8, 2013
Resolution No.: 13 -10 -08 -XX
Effective Date: October 23, 2013
Applicant Acceptance of Conditions of Approval:
By:
Applicant/Agent
o c It 3
Date