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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) - - Date If S Title