PC Resolution-11-11-08-01PC RESOLUTION NO. 11-11-08-01
CONDITIONAL USE PERMIT (CUP)11-006, ELCOYOTITO#2
MODIFICATION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO DENYING A CONDITIONAL USE PERMIT
MODIFICATION FOR "DANCING & LIVE ENTERTAINMENT"
LOCATED AT 31952 DEL OBISPO STREET, UNIT 300 AND MORE
SPECIFICALLY REFERRED TO AS ASSESSOR PARCEL NUMBER
668-151-08.
WHEREAS, the Yolanda Zanchiz, owner of real property described as
Assessor's Parcel Numbers 668-151-08 located at 31952 Del Obispo Street, Unit 300,
San Juan Capistrano, has authorized the submittal of the application for approval of
Conditional Use Permit for "dancing and live entertainment"; and,
WHEREAS, Guillermo and Araceli Sanchez, owners of EI Coyotito #2,
are requesting approval of a conditional use permit (C U P) to modify their existing
CUP which authorizes "live entertainment" to allow Mariachi bands to perform from 6:00
p.m. through 11:00 p.m. Friday, Saturday, and Sunday nights. The CUP modification
would allow performances by disc jockeys, (small) bands, karaoke, music groups, and
dancing groups using an existing, non -conforming stage between the hours of 6:00 p.m.
through 12:00 a.m. at 31952 Del Obispo St. Unit 300 and more specifically referred to
as APN 668-151-08; and,
WHEREAS, on March 6., 2003, the Zoning Administrator approved a
conditional use permit (CUP) for "live entertainment" to allow Mariachi Bands to perform
on Fridays, Saturdays and Sundays between the hours of 6:00 pm and 11:00 pm; and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.317, Conditional Use Permit 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 has
determined that per Section 15270 (a) (Projects Which Are Disapproved), "CEQA does
not.apply to projects which a public agency rejects or disapproves",- and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on November 8, 2011 and pursuant to Section 9-2.301 of the Municipal
Code to consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings:
1. The proposed "dancing and live entertainment" use is inconsistent with the
PC Resolution 11-11-8-1 2 November 8 2011
Zoning District and Standards section of the Title 9, Land Use Code because
Section 9-3.303(b)(4) classifies "dancing and live entertainment" as a "non -
permitted" (prohibited) use within the Neighborhood Commercial Zone District
and,
2. Because Section 9-3.303 of the Title 9, Land Use Code does not permit "dancing
and live entertainment" in the "NC" (neighborhood commercial) Zone District, the
finding as to whether the proposed site is adequate in size and shape to
accommodate the proposed project is not relevant; and,
3. Because Section 9-3.303 of the Title 9, Land Use Code does not permit "dancing
and live entertainment" in the "NC" (neighborhood commercial) Zone District, the
finding as to whether the proposed use may generate excessive noise, light,
vibration or odors is not relevant.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby denies Conditional Use Permit
(CUP) 11-006.
EFFECTIVE DATE & FINAL APPROVAL: This project denial 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 p.m.; Wednesday,
November 23, 2010.
PASSED, APPROVED AND ADOPTED this 8t" day of November 2011,
by the following vote, to wit:
AYES: Chairman Sheldon Cohen and Commissioners Rob Williams, Ginny Kerr,
Gene Ratcliffe, and Jeff Parkhurst.
NOES: None.
ABSTAIN: None.
Sheldon Cohen, Chairman
liam A. Ramsey, AICP, PrinciI lanner
Secretary