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PC Resolution-13-10-22-02PC RESOLUTION NO. 13-10-22-02 CONDITIONAL USE PERMIT (CUP) 13-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST FOR APPROVAL FOR "OFF -SALE WINE AND BRANDY" AND "LIVE ENTERTAINMENT" IN CONJUNCTION WITH A WINE BAR/WINE MAKING BUSINESS WITHIN THE FIRST FLOOR OF THE PASEO DE VERDUGO BUILDING AT LOCATED AT 26755 VERDUGO STREET (ASSESSOR PARCEL NUMBER 121-141-11)(APPLICANT: KYLE FRANSON, RANCHO CAPISTRANO WINERY) Whereas, Kyle Franson of Rancho Capistrano Winery, 27711 Manor Hill Road, Laguna Niguel, CA 92677 has requested approval of CUP 13-009, Rancho Capistrano Winery, to allow for "off -sale wine and brandy" and "live entertainment" in conjunction with a wine bar/wine making business located at 26755 Verdugo Street on the north side of the street about 250 feet west of Camino Capistrano. The property is referred to as Assessor Parcel Number 121-141-11, is General Plan -designated Historic Town Center Master Plan and is situated in the "TC" (Town Center) Zone District; and, Whereas, 26755 Verdugo LLC is the owner of real property located at 26755 Verdugo Street (APN 121-141-11); 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 22, 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 PC Resolution 13-10-22-02 2 October 22, 2013 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, 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 "alcoholic beverages, off -sale" and "live entertainment" are expressly allowed subject to the approval of a Conditional Use Permit in the Town Center 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 property (Lot #4) has designated parking spaces through an agreement that is referred to as the "Bertolino Ground Lease Agreement"; which provides Lot #4 with 26 parking spaces; and the evaluated parking allocation for the proposed uses determined that with the winery use on the first floor and office uses on the second floor, the project requires a minimum of 14 spaces resulting a surplus of 12 parking spaces. 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, November, 6, 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 22, 2015 unless. a time extension PC Resolution 13-10-22-02 3 October 22, 2013 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. PASSED, APPROVED AND ADOPTED this 22nd day of October, 2013, by the following vote, to wit: v Sheldon Cohen, Chairman EXHIBIT A RESOLUTION #: 13-10-22-02 CONDITIONS OF APPROVAL Project #: CUP 13-009 Project Name: Rancho Capistrano Winery APPROVAL DATE: October 22, 2013 EFFECTIVE DATE: November 6, 2013 EXPIRATION DATE: October 22, 2015 These conditions of approval apply to Conditional Use Permit 13-009 a request for approval of CUP 13-009, Rancho Capistrano Winery, to allow for "off -sale wine and brandy" and "live entertainment" in conjunction with a wine bar/wine making business located at 26755 Verdugo Street on the north side of the street about 250 feet west of Camino Capistrano. The property is referred to as Assessor Parcel Number 121-141- 11. 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: 1. Conditional Use Permit 13-009 is granted for "off -sale wine and brandy" and "live entertainment" in conjunction with a wine bar/wine making business located at 26755 Verdugo Street on the north side of the street about 250 feet west of Camino Capistrano. Approval is granted based on the application materials submitted by Kyle Franson, of Rancho Capistrano Winery on September 23, 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 22, 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 Planning Commission Resolution 13-10-22-02 Final Conditions of Approval CUP 13-009 Rancho Capistrano Winery Page 2 of 4 expiration date of this approval, except as otherwise approved by the Development Services Director. 2. The Rancho Capistrano Winery 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 alcoholic beverages, off -sale 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. Outdoor amplified music, voice and/or musical instruments shall cease operation and conclude no later than 12:00 am daily. 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 13-10-22-02 Final Conditions of Approval CUP 13-009 Rancho Capistrano Winery 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. A sign permit shall be required for all proposed building mounted signs. 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) 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) Planning Commission Resolution 13-10-22-02 Final Conditions of Approval CUP 13-009 Rancho Capistrano Wine Pa e4of4 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 OCTA = Orange County Fire Authority Date of Approval: October 22, 2013 Resolution No.: 13-10-22-02 Effective Date: November 6, 2013 Applicant Acceptance of Conditions of Approval: Applicant/Agent Date