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