PC Resolution-10-05-25-01PC RESOLUTION NO. 10-05-25-01
SERRA PLAZA EVENTS, (AC) 09-029
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING AN APPLICATION TO USE THE
EXISTING COURTYARD FOR SPECIAL EVENTS WITH UP TO 469
GUESTS, OUTDOOR AMPLIFIED LIVE ENTERTAINMENT, DANCING,
AND CATERED FOOD AND ALCOHOL SERVICE LOCATED IN THE (CM)
COMMERCIAL MANUFACTURING ZONE DISTRICT AT 31910 AND 31920
DEL OBISPO (APN 668-072-28)
WHEREAS, Dan Friess has proposed to use the courtyard forweddings and
special events for up to 469 guests featuring outdoor amplified live entertainment, dancing,
and catered food and alcohol service. The proposed project site is General Plan
designated as Quasi -Industrial and classified as Commercial Manufacturing (CM) on the
Official Zoning Map; and,
WHEREAS, SPM Serra Plaza, LLC is the owner of real property located at
31910 and 31920 Del Obispo (APN 668-072-28); and
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.313, Architectural Control Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuant to Section 15301 of the California Environmental Quality Act (CEQA), and has
determined that the project qualifies for a Class 1 (Existing Facilities) Categorical
Exemption and caused a Notice of Exemption to be posted pursuant to Section 15062 of
the CEQA Guidelines; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on May 25, 2010 pursuant to Section 9-2.313 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 project is consistent with standards set forth in Title 9 of the Municipal Code,
with conditions placed to limit noise levels.
2. The project is compatible with the General Plan and Community Design Element,
given that all items will be setup and removed for each event, and are located
interior of the property.
PC Resolution 10-05-25-01 2 Mav 25. 2010
3. The project will not affect existing circulation, access, or setbacks. Adequate parking
will be provided given the offset hours of operation from the existing tenants. No
physical improvements are proposed and will not affect existing open spaces.
4. No change to the existing architecture is proposed and all assembly areas are
screened from public views, therefore, the project is consistent with the character,
scale, and architecture of existing project.
5. All existing vehicular, bicycle, and pedestrian access are proposed to be adequately
maintained.
6. The project would not alter the existing design of the building and the proposed
assembly -type use if offset from normal business office hours of Serra Plaza and is,
therefore, consistent with the surrounding uses, community character, and
architectural and landscape design.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the project subject to
the 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 p.m. Wednesday, June 9,
2010. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, unless a time extension request or building/grading permit
application related to this discretionary approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 25th day of May, 2010, by the
following vote, to wit:
AYES: Chair Cohen, Vice -Chair Ratcliffe, Commissioners Tatarian, Neely,
Kerr, and Williams
NOES:
ABSTAIN:
ABSENT: Commissioner Mocalis
d
Sheldon Cohen, Chairman
y
v
Grant Taylor, cretary
These conditions of approval apply to Architectural Control (AC) 09-029, approval to
use the existing passive courtyard for assembly type occupancy with dancing, live
entertainment, catered food service, and alcohol service for weddings, corporate
events, and Social and Community Events. Maximum guest attendance would be 330
persons. The subject property is located at 31910 and 31920 Del Obispo (APN 668-
072-28). Any proposed change of use or expansion of the building area or modifications
to the site plan or signage shall be submitted to the City Community Development
Department, along with the required application and 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. (AC) 09-029 approval is granted for the use the existing passive courtyard
for assembly type occupancy with dancing, live entertainment, catered
food service, and alcohol service for weddings, corporate events, and
Social and Community Events. Maximum guest attendance would be 330
persons. The subject property is located at 31910 and 31920 Del Obispo
(APN 668-072-28). This approval is granted based on the application
materials submitted by Dan Friess. This project is approved 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 Community Development Director
to be in substantial conformance with the approved plan, and which do not
increase the size, or otherwise intensify or change the use or require any
deviations from adopted standards, may be approved by the Community
Development Director upon submittal of an application and the required
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 May 25, 2012 (24)
months after the date of the approval unless the project which is the
subject of this action has been installed and approved 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
Community Development Department, along with the required fee, at least
RESOLUTION #: 10-05-25-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: AC 09-029
Project Name: Serra Plaza Events
APPROVAL DATE:
May 25, 2010
EFFECTIVE DATE:
June 9, 2010
EXPIRATION DATE:
May 25, 2012
These conditions of approval apply to Architectural Control (AC) 09-029, approval to
use the existing passive courtyard for assembly type occupancy with dancing, live
entertainment, catered food service, and alcohol service for weddings, corporate
events, and Social and Community Events. Maximum guest attendance would be 330
persons. The subject property is located at 31910 and 31920 Del Obispo (APN 668-
072-28). Any proposed change of use or expansion of the building area or modifications
to the site plan or signage shall be submitted to the City Community Development
Department, along with the required application and 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. (AC) 09-029 approval is granted for the use the existing passive courtyard
for assembly type occupancy with dancing, live entertainment, catered
food service, and alcohol service for weddings, corporate events, and
Social and Community Events. Maximum guest attendance would be 330
persons. The subject property is located at 31910 and 31920 Del Obispo
(APN 668-072-28). This approval is granted based on the application
materials submitted by Dan Friess. This project is approved 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 Community Development Director
to be in substantial conformance with the approved plan, and which do not
increase the size, or otherwise intensify or change the use or require any
deviations from adopted standards, may be approved by the Community
Development Director upon submittal of an application and the required
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 May 25, 2012 (24)
months after the date of the approval unless the project which is the
subject of this action has been installed and approved 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
Community Development Department, along with the required fee, at least
Planning Commission Resolution 10-05-25-01 Final Conditions of Approval
AC 09-029 Date: May 25, 2010
Page 2 of 4
ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Community Development Director.
2. Amplification of sound shall cease by 10:00 PM. Weekday events shall not
commence earlier than 6:00 PM to avoid potential conflicts with parking
demand overlap from other tenants. No amplified music shall be located
on the northwest patio (limited to acoustic guitar, string quartet, or similar
types of music). Any deviation from this condition shall be subject to
approval of a Special Activities Permit. The applicant shall also provide
substantial documentation that adequate parking will be provided and
noise impacts will be mitigated as a part of the Special Activities Permit
application.
3. The applicant shall coordinate a test of amplified music levels. Staff shall
verify that noise levels do not exceed 65 dB(A) measured from Paseo
Adelanto, immediately adjacent to the project site. If this standard is not
met, the applicant shall propose mitigation measures to the satisfaction of
the Community Development Director. If this condition cannot be complied
with, amplified music shall not be included in the scope of the events.
4. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
5. 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.
6. 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.
7. 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
Planning Commission Resolution 10-05-25-01 Final Conditions of Approval
AC 09-029 Date: May 25, 2010
Page 3 of 4
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
8. 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.
9. 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.
10. 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)
The following conditions shall be completed prior to hosting events in the
Courtyard:
11. Building & Safety. The applicant shall submit plans to the Building Official
to verify compliance with Building & Safety requirements. Such plans shall
be fully dimensioned, in substantial conformance with those plans
approved and modified by the Planning Commission. (PLN)
12. Applicable Codes. Prior to issuance of building permits (if required by the
Building Official), 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)
13. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, landscape/irrigation plans,
and sign elevations. (PLN)
14. Orange County Fire Authority. The applicant shall submit documentation
from OCFA regarding compliance with all requirements and conditions
identified by OCFA.
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Planning Commission Resolution 10-05-25-01 Final Conditions of Approval
AC 09-029 Date: May 25, 2010
Page 4 of 4
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Date of Approval: May 25, 2010
Resolution No.: 10-05-25-01
Effective Date: June 9, 2010
Applicant Acceptance of Conditions of Approval:
Owner/Agent S gnature
Owner/Agent Name (print)
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Date
If S
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