PC Resolution-07-01-09-01PC RESOLUTION NO. 07-1-9-1
MODIFICATION #2 TO CONDITIONAL USE PERMIT 03-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT
MODIFICATION TO EXPAND THE "TAVERN & BREWPUB" USE AND THE
`ALCOHOLIC BEVERAGE RETAIL SALES (INCLUDING WINE TASTING)"
USE AT 31781 CAMINO CAPISTRANO IN THE FRANCISCAN PLAZA
(ASSESSOR'S PARCEL NUMBER 121-150-27) (NAPA VALLEY WINERY)
WHEREAS, Orville Benskin requests a modification to the conditional use
permit to allow the expansion of the "tavern & brewpub" use and the "alcoholic beverage
retail sales (including wine tasting)" use from Suites 201 and 202, into Suite 203 of
Franciscan Plaza located at 31781 Camino Capistrano. The requested expansion would
increase the business gross floor area from about -1,330 gsf to 2,000 gsf. The property is
zoned Tourist Commercial (CT) District, and is General Plan -designated "3.1, General
Commercial" on the General Plan Land Use Map; and,
WHEREAS, on December 9, 2003, the Planning Commission approved a
conditional use permit for "alcoholic beverage retail sales (including wine tasting)" to allow
retail sales of wine and wine tasting within the existing business location at Suites 201 and
202, and on May 25, 2004, approved Modification #1 to the Conditional Use Permit (CUP)
to allow the "tavern & brewpub" use and the "live entertainment' use at this business
location; and,
WHEREAS, the proposed project has been processed pursuant to Section,
9-2.405, Zoning Administrator procedures 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 issued
a Class 3 categorical exemption and a Notice of Exemption will be posted pursuant to
Section 15062 of the CEQA Guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on January 9, 2007 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 proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan subject to the recommended conditions of approval
contained herein, because the project site and surrounding area are designated
PC Resolution 07-1-9-1 2 January 9, 2007
"3.1, General Commercial" on the General Plan Land Use Map which "provides for
a variety of retail, office, and service-oriented business activities serving a
community -wide area and population, as well as broader market area" and the
proposed conditional uses represent service-oriented uses; and;
2. The existing conditional uses, proposed for expansion, are consistent with the
purpose and intent of the "TC" (tourist commercial) Zone District which is to `provide
for small-scale retail and service uses within the area immediately adjacent to the
Mission San Juan Capistrano which would serve tourists as well as residents "and
conditions contained herein assure that the proposed conditional uses will remain
small scale and appropriate to the intent of the District; and,
3. The existing conditional uses, proposed for expansion, are compatible with existing,
surrounding land uses because the premises are subject to management oversight
by the Franciscan Plaza property manager to assure other tenants are not adversely
affected; and, because conditions are contained herein that restrict the hours of
operation, prohibit amplified sound, and require a mix of retail uses compatible with
the surrounding land uses; and,
4. The conditional uses comply with all applicable provisions of Title 9, Land Use Code
including the City's sign regulations because conditions contained herein assure
Title 9 compliance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves modification #2 to the
conditional use permit to allow the expansion of the "tavern & brewpub" use and the
"alcoholic beverage retail sales (including wine tasting)" use from Suites 201 and 202, into
Suite 203 of Franciscan Plaza located at 31781 Camino Capistrano subject to the
following conditions of approval:
The "alcoholic beverage retail sales (including wine tasting)", "tavern & brewpub",
"live entertainment" uses shall be restricted to Suites 201, 202, and 203 of
Franciscan Plaza consisting of approximately 2,000 square feet of leased tenant
space and shall only be conducted within these premises. "Outdoor seating" shall
be prohibited.
2. The "tavern and brewpub" use shall only be permitted in conjunction with limited
food service use consisting. of pre -prepared hot and cold dish plates (e.g. hors
d'oeuvres, fresh vegetables, dips, cheeses, deli meats, crackers, etc.) consistent
with the limitations of the operating permit issued by the Orange County Health
Department. In the event the Health Department permit would expire or otherwise
become null and. void, the conditional use permit for the "tavern & brewpub" use
shall also become null and void.
3. The "tavern and brewpub" use (ABC Type 42 license) area shall only be permitted
to occupy a maximum of 1,249 square feet consistent with the tenant improvement
PC Resolution 07-1-9-1 3 January 9, 2007
floor plan. Furthermore, "alcoholic beverage retail sales" (ABC Type 20 license)
shall occupy a minimum of 500 square feet consistent with the tenant improvement
floor plan (Note: accessory uses including office, kitchen, storage etc. occupy about
250 gsf).
4. "Live entertainment" at the business location shall be restricted to non -amplified
acoustic musical and vocal performances (i.e. singing, stand-up comedy, poetry
reading, etc.) Sound amplification of any type shall be prohibited at all times with the
sole exception of background music not exceeding 60 dBA. "Live entertainment"
shall be limited to a maximum of two musician(s) and/or performer(s). Live
entertainment shall be prohibited from including any use(s) which are subject to the
provisions of Section 9-3.503, Adult oriented business of Title 9, Land Use Code.
5. "Tavern & brewpub" uses operating at the business location under the provisions of
a California Alcoholic Beverage Control (ABC) Board (Type 42 license) shall be
restricted to the hours of operation from 11:00 a.m. to 11:00 p.m., Sunday through
Thursday; and from 10:00 a.m. to 12:00 a.m., Friday and Saturday. Violation of the
operating hour restrictions may result in the City initiating revocation proceedings on
the conditional use permit for the "tavern & brewpub" use, and the City filing.a
formal complaint with the Alcoholic Beverage Control (ABC) Board which may result
in revocation of the Type 42 license.
6. The applicant shall submit a. complete sign permit application and shall secure a
valid sign permit within thirty (30) days of the final approval of the Conditional Use
Permit (CUP) modification. Prior to issuance of the sign permit, the applicant shall
demonstrate that the proposed design and location of any proposed business
sign(s) have been reviewed and approved by the Franciscan Plaza property
management. The design, color, materials, size and location of all business signs
shall comply with the approved Sign Program for AC 86-08, Franciscan Plaza.
7. If the applicant or operator should violate any California Department of Alcoholic
Beverage Control (ABC) license permit conditions, the City may initiate conditional
use permit revocation hearings and/or business license revocation hearings in
accordance with the provisions of Section 9-2.317 and Section 3-1.202(f)(1) of the
Municipal Code.
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, January
24, 2007. This project approval shall be valid for a period of one year from the date of
approval of this resolution, and shall expire on January 9, 2008, unless the conditional use
expansion has been established; or a time extension request has been submitted; or a
building permit has been issued for. tenant improvements required by the conditional use,
on or prior to that date.
PC Resolution 07-1-9-1 4 January 9, 2007
PASSED, APPROVED AND ADOPTED this 9th day of January, 2007, by the
following vote, to wit:
AYES: Commissioners Drey, Cohen and Ratcliffe, and Chairman Cardoza
NOES: none.
ABSTAIN: none.
Robert Card , Chairman
William Cunningham, interim Planning Director
PAPlanning\Archive\CUP-LUP-TUP PROJECTS\Cup0308Mod-MissionWinery\cup0308mod-PC-res04-5-25-2.wpd