PC Resolution-06-04-11-01PC RESOLUTION NO. 06-04-11-01
CONDITIONAL USE PERMIT (CUP) 05-06,
ARCHITECTURAL CONTROL (AC) 05-03,
TREE REMOVAL PERMIT (TRP) 04-169
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
A WEDDING AND SPECIAL EVENT FACILITY FOR A 0.24 ACRE PARCEL LOCATED
AT 31431 CAMINO CAPISTRANO AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 121-130-04 (THE VILLA WEDDING VENUE)
Whereas, John Q. Humphreys, 31752 Los Rios St., San Juan Capistrano, CA
92675 has requested approval of a Conditional Use Permit, Architectural Control and Tree
Removal Permit to allow a change of use for an existing commercial site to a wedding and
special event facility on property located at 31431 Camino Capistrano which is General
Plan -designated General Commercial and classified as the General Commercial zoning
district on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Planning Department reviewed the project and prepared an
initial study pursuant to Section 15063 and 15064 of the CEQA Guidelines; has issued a
Mitigated Negative Declaration pursuant to Section 15070 of those Guidelines; has caused
a Notice of Mitigated Negative Declaration to be posted pursuant to Section 15072 of those
Guidelines; has otherwise complied with all applicable provisions of the California
Environmental Quality Act (1970); and all mitigation measures have been included herein;
and,
Whereas, the Planning Commission has considered the environmental
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), and has considered all project environmental documentation and technical
studies; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on March 14 and April 11, 2006, with a special site meeting on March 29, 2006, pursuant
to Title 9, Land Use Code, Section 9-2.335, 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 RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings in relation to
Conditional Use Permit 05-06:
PC Resolution 06-04-11-x 2 April 11, 2006
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Land Use, Circulation and Noise
Elements because:
a. The proposed use will provide an opportunity for an economically viable use
in a building that has recently been vacant and neglected.
b. The provision of a wedding and special event facility caters to both the
community and broader market area, consistent with the purpose of the
General Commercial land use designation to provide 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 "uses that are
determined to be compatible with primary uses."
C. The location of the project in proximity to schools, the library and the Mission
with virtually no on-site parking will benefit from the managed, creative
solution of valet parking, consistent with the Circulation Element's policies for
neighborhood traffic safety that encourage "creative traffic management
approaches to address congestion in areas with unique problems, such as
schools, businesses with drive-through access, and other special situations."
d. The provision of a permanent sound system with a digital signal processor to
limitthe decibel level in conjunction with the proposed conditions of approval
will allow for the effective control of noise from the use in accordance with
Noise Element goals and policies to ensure that the effects of noise are
minimized by controlling the sources through sound attenuation design; and
2. The proposed project complies with all applicable provisions of the Land Use Code
subject to the mitigation measures and conditions of approval contained in this
resolution because the proposal of a wedding and special event facility at the
subject site is consistent with the purpose and intent of the General Commercial
zone district to "provide for a wider range of commercial land uses than those
permitted in the Tourist Commercial District and Neighborhood Commercial District
in order to accommodate most of the retail and service needs of the residents of the
City"; and,
3. The proposed use, as conditioned, is compatible with existing, surrounding land
uses because conditions of approval will minimize or eliminate potential land use
impacts by requiring the effective management of off-site valet parking as well as
sound attenuation measures in compliance with City Noise Ordinance standards;
and,
4. The proposed use, as conditioned, complies with all applicable provisions of Title 9,
Land Use Code, including, but not limited to, parking & loading, signs, fencing, and
exterior lighting because:
PC Resolution 06-04-11-x 3 April 11, 2006
a. The site is an existing developed commercial site, and the limited new
construction on the site is consistent with non -conforming structure
standards that do not increase encroachments into side setbacks and no
new construction will be located in the required front yard setback.
b. Joint -use parking is allowed subject to approval of a conditional use permit,
and conditions of approval ensure that the management and number of off-
site valet parking spaces will be sufficient for the use.
C. The proposed ten -foot -high wall along the south property line to buffer the
use from the adjacent commercial use is allowed with approval of the project
by the Planning Commission.
d. Conditions of approval regulate the amplified sound system so that it will
comply with Title 9 noise level standards.
e. All signage and any new lighting are conditioned to be reviewed in
accordance with Land Use Code requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings in
relation to Architectural Control 05-03:
1. The project plans, as conditioned, comply with all provisions of Title 9 of the San
Juan Capistrano Municipal Code because:
a. The site is an existing developed commercial site, and the limited new
construction on the site is consistent with non -conforming structure
standards that do not increase encroachments into side setbacks and no
new construction will be located in the required front yard setback.
b. Joint -use parking is allowed subject to approval of a conditional use permit,
and conditions of approval ensure that the management and number of off-
site valet parking spaces will be sufficient for the use.
C. The proposed ten -foot -high wall along the south property line to buffer the
use from the adjacent commercial use is allowed with approval of the project
by the Planning Commission.
d. Conditions of approval regulate the amplified sound system so that it will
comply with Title 9 noise level standards.
e. All signage and any new lighting are conditioned to be reviewed in
accordance with Land Use Code requirements.
PC Resolution 06-04-11-x 4 April 11, 2006
2.- The architectural and general design of the project is generally consistent with the
goals, policies and objectives of the Community Design Element and all other
applicable provisions of the General Plan because:
a. The project involves an existing developed commercial site with only minor
building additions that will not be visible to the public and minor site
improvements.
b. The project is consistent with the Community Design Element goal to
encourage and preserve a sense of place because it represents an upgrade
to an existing, vacant commercial building through a high-quality design that
complements the City's historic character.
3. The project site plan, as conditioned, is compatible with surrounding existing and
proposed land uses because:
a. The project will include mitigation to reduce impacts from noise on the multi-
family residential uses to the west and other commercial and public uses
surrounding the project.
b. The project's parking management plan will ensure appropriate
implementation of the joint -use parking managed by professional valet
parking operations.
C. The commercial use is compatible with other existing and proposed
commercial land uses along Camino Capistrano.
4. The general design considerations, including the character, scale and quality of the
design are consistent with the adopted Architectural Design Guidelines of the City
because the project reinforces the character of the area by incorporating the
existing distinctive buildings, one of which is on the City's Buildings and Sites of
Distinction List, and existing courtyard into the project.
5. The site plan is functional and safe in regards to existing or mitigated off-site
conditions as they relate to adequacy of vehicular, bicycle and pedestrian circulation
because:
a. The project's site plan is existing, and cannot accommodate sufficient on-site
parking for the proposed use, but the project's parking requirements are
being met through rental of 67 off-site joint -use parking spaces owned by the
Capistrano Unified School District on the east side of Camino Capistrano,
directly across the street from the project site.
b. The project includes a Parking Management Plan that establishes the
location of the joint -use spaces, use of valet parking stations, handicapped
drop-off at the project site, and safe pedestrian access via existing signalized
PC Resolution 06-04-11-x 5 April 11, 2006
intersection crosswalks to the project site. The Plan also includes
contingency measures for alternative parking management and pedestrian
access to ensure safe and efficient operations.
6. The general landscape design, including the location, type, size, color, texture and
coverage of plant materials has been considered to insure visual relief to
complement buildings and structure because the project's landscape and
hardscape design will preserve five of the six existing on-site mature trees in the
courtyard and replace the existing courtyard paving. The existing landscape along
the project frontage will be restored, and any new landscape is conditioned to be
reviewed by the Planning Director with referral to the Design Review Committee if
necessary to ensure appropriateness of design in relation to the existing buildings.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings in
relation to Tree Removal Permit 04-169:
The Planning Commission finds that this request meets the following criteria
contained in Section 9-2.349(c) of the Land Use Code; therefore the Planning
Commission approves said request to remove one olive tree, subject to the
conditions and requirements set forth in this resolution:
a. The project site plan has been designed to preserve the maximum number of
existing trees on the site because only one of six existing mature trees in the
courtyard are being removed to accommodate the construction of a wall
along the south property line that will buffer the proposed use from
surrounding commercial development.
b. The proposed removal of one olive tree complies with all applicable
provisions of the Land Use Code subject to the conditions of approval
contained in Attachment 1.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning'
Commission of the City of San Juan Capistrano hereby approves a Mitigated Negative
Declaration and approves the project based upon the findings set forth herein and subject
to the conditions of approval contained in Attachment 1, 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 5:30 p.m., Wednesday, April 26,
2006. This project approval shall be valid for a period of twenty-four (24) months from the
date of approval of this resolution, and shall expire on April 11, 2008, unless the use or
occupancy which is the subject of this action has commenced and all conditions of
approval have been met, or a time extension has been submitted to the City prior to that
PC Resolution 06-04-11-x 6 April 11, 2006
date in accordance with Condition No. 1 of the attached Conditions of Approval
(Attachment 1).
PASSED, APPROVED AND ADOPTED this 11th day of April, 2006, by the
following vote, to wit:
AYES: Chairman Cardoza, Vice Chairman Cohen, Commissioners Neely,
Ratcliffe and Drey.
NOES: None.
ABSTAIN: None.
ABSENT: None.
/-11obert tartkia, Chair
Molly Bo , Plarqiing Director, Secretary
RESOLUTION #: 06-04-11-01
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: CUP 05-06, Project Name: The Villa Wedding Venue
AC 05-03, TRP 04-169
APPROVAL DATE: April 11, 2006
EFFECTIVE DATE: April 26, 2006
EXPIRATION DATE: April 11, 2008
These conditions of approval apply to Conditional Use Permit 05-06, Architectural
Control 05-03, Tree Removal Permit 04-169 for approval of a wedding and special
event facility on an existing 0.24 acre parcel zoned General Commercial located at
31431 Camino Capistrano (APN: 121-130-04). Any proposed change of use or
expansion of the area or modifications to the site plan or structures shall be submitted to
the City Planning 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:
Conditional Use Permit 05-06, Architectural Control 05-03, Tree Removal
Permit 04-169 is granted to allow a wedding and special event facility
involving installation of a commercial kitchen and minor building additions;
live entertainment/dancing with beer and wine and a maximum occupancy
of 150; joint -use parking; and the removal of one tree on an existing 0.24
acre parcel zoned General Commercial located at 31431 Camino
Capistrano (APN: 121-130-04. This approval is granted based on the
application materials submitted by John Q. Humphreys: site plan,
elevations, floor plans, and tree removal plan submitted on January 27,
2006, prepared by Tony Brown Design on September 28, 2005 and
revised on January 17, 2006; Parking Management Plan and Operations
Plan submitted on and dated January 27, 2006, prepared by PRS Group;
noise study submitted on February 9, 2006, prepared by David Howden,
Steve NcNeil and Erich Riedl, dated February 2, 2006; contract terms
submitted on April 4, 2006, as revised by these conditions of approval;
and revised Parking Management Plan submitted on April 5, 2006, as
revised by these conditions of approval. 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 Planning Director to be in substantial conformance with
the approved site plan, ar)d which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 2 of 11
Planning Director upon submittal of an application and the required fee. If
not appealed, this approval shall become effective on the fifteenth (15th)
day after the date of the Planning Commission's approval and shall expire
twenty-four (24) months after the date of the approval unless the use or
occupancy which is the subject of this action has commenced and all
conditions of approval have been met, or a time extension has been
submitted to the City. Any application for an extension of time shall be
submitted to the Planning Department, along with the required fee, at least
ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Planning Director.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. 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.
4. 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.
5. 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.
6. Sign approval for the project is a separate process requiring the issuance
of a sign permit and building permits, and is subject to review and
approval by the Planning Department and Building and Safety
Department.
7. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
*Denotes Environmental Mitigation Measure
M
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 3 of 11
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.
8. 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, traffic safety or any public nuisances
arising or occurring incidental to the establishment or operation and shall
meet the requirements of these conditions of approval on a continuing
basis. Failure to meet these requirements may be grounds for revocation
of this Conditional Use Permit.
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)
11. The applicant shall allow the Business License Administrator or
designated City staff to inspect the business premises at any time for
compliance with the provisions of these conditions of approval and Title 9,
Land Use Code. Failure of the business owner or his/her employees to
allow inspection by City staff shall be grounds for revocation of the
business license and may be grounds for the revocation of this Conditional
Use Permit.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
12. 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)
13. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Planning
Commission, Design Review Committee, and/or Planning Director (as
applicable). Plans shall address the following: (PLN)
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01
Project #CUP 05-06, AC 05-03, TRP 04-169,
The Villa Wedding Venue
Final Conditions of Approval
Date: April 11, 2006
Page 4 of 11
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating
units, utility boxes, and backflow devices. All equipment shall be
screened from public view and designed to be an integral component
of the building design. All roof -mounted equipment shall be screened
from view by parapet walls or other architectural means. The applicant
shall demonstrate to the satisfaction of the City Planner that no roof -
mounted equipment will be visible from the public rights-of-way.
Screening shall be compatible with main structures and include
landscaping where appropriate.
c. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. Any new fixtures visible from public rights-of-way shall be
submitted to the City for review and approval by the Design Review
Committee prior to issuance of building permits for installation of said
light fixtures. A detail of said fixtures shall be shown on the elevations,
and fixtures shall be decorative and complementary to the building
architecture. Demonstrate that illumination shall not create off-site light
and glare. Exterior lighting shall be reduced to the extent feasible
during hours that the business is not in operation.
e. The required trash enclosure for waste and recycling shall be relocated
behind the front wall, out of the required front yard setback. The new
10 -foot -high wall along the south property line shall match the site
architecture in finish and color to the satisfaction of the Planning
Director.
f. The valet station shall be a temporary, portable device sufficient to
meet the needs of the valet personnel but consistent in appearance
with the architecture of the site, to the satisfaction of the Planning
Director. Said device shall be moved to its proposed location no earlier
than one hour prior to a scheduled event, and shall be removed and
stored no later than one hour after the end of a scheduled event. Any
proposal for a permanent valet station structure would require review
by the Design Review Committee and would be subject to setback,
height and other standards of Title 9, Land Use Code.
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 5 of 11
g. Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping to the satisfaction
of the Planning Director.
14. On -Site Utility Plans. Prior to issuance of building permits and approval of
on-site _utility plans, the applicant shall obtain approval of said plans by the
City Engineer, and shall obtain approval for a Site Plan prepared by a
Registered Civil Engineer showing the sewer and water service lines and
their corresponding points of connection with the City public main lines.
The site plan shall include the trash enclosure that shall be covered with a
solid roof; its floor surface shall be connected to the sewer system through
an inlet in the center with a traffic rated grate, and a concrete apron shall
be constructed in front of the trash enclosure. The site plan shall be
specific to the project which reflects consistency with the City's Sewer and
Water standards. (ENG)
15. Water System Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all domestic water system,
non-domestic (recycled) water system improvements, and irrigation
facilities required to serve the subject project in compliance with City
municipal codes, standards, specifications, the Rules and Regulations for
Users of Non-domestic Water and the City's water standard specifications.
(PW)
16. Historic Depiction Program. Prior to issuance of any building permits,
thirteen copies of the historic depiction program shall be submitted to the
Historic Preservation Manager for review and approval pursuant to City
Council Policy 606. Prior to issuance of a Certificate of Occupancy, the
Historic Depiction Program (HDP) shall be installed and inspected for
compliance with the approved design. The HDP shall consist of, at
minimum, a bronze plaque on a publicly visible wall depicting the history
and evolution of the site's buildings and architecture. (PLN)
17. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
18. Landscape Modifications. Prior to the issuance of a building permit for the
commercial kitchen, landscape plans for modifications to existing
landscaping shall be submitted to the Planning Department for review by
the Planning Director, and the Design Review Committee if deemed
necessary by the Planning Director. Landscape Plans shall show the type,
location, and size of all proposed new plant material. Proposed
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 6 of 11
landscaping shall incorporate water conservation techniques and drought
resistant plants to the extent feasible. (PLN)
19. Prior to issuance of any permits, the applicant shall submit for review and
approval by the Planning Commission a revised Parking Management
Plan that incorporates and/or addresses comments of the City Traffic
Engineer and changes directed by the Planning Commission on April 11,
2006, as described in Condition No. 33.
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.
20. 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)
21. Construction hours. Construction hours shall be limited to 7:00 a.m. to,
6:00 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.(PLN)
22. Equipment shall use available noise suppression devices and properly
.maintained mufflers. Construction noise shall be reduced by using quiet
or "new technology" equipment where feasible. In addition, all equipment
shall be maintained in good mechanical condition so as to minimize noise
created by faulty or poorly maintained engine, drive -train and other
components. (PLN)
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:
23. 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, wall plans, floor plans,
elevations, sound system plans, lighting plans and landscape plans. (PLN)
24. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 7 of 11
25. Parking Rental Agreement. Prior to the issuance of a Certificate of Use
and Occupancy for the project, the applicant shall demonstrate to the
satisfaction of the Director of Engineering and Building Services that rental
approval for the exclusive use of the 67 -space CUSD parking lot on the
east side of Camino Capistrano for events has been secured. (ENG)
26. Contract Terms. The contract terms for all events shall be revised, and
submitted to the Planning Services Director for approval prior to the
issuance of a Certificate of Occupancy, to include the cost for valet
parking service in the overall contract price so that individual guests are
not required to pay for valet parking. The contract terms shall also include
specific directions to the site and instructions for parking within the
contract terms, and state that each customer is responsible to
communicate these directions and instructions for parking to all guests.
The owner shall include the specific directions to the site and instructions
for parking in the revised Parking Management Plan to be reviewed and
approved by the Planning Commission per Condition No. 19, and shall
provide the approved directions and instructions as separate inserts for
customers to send with event invitations.
The following ongoing conditions shall be complied with at all times after
completion of the project.
27. Business License. The applicant, tenants, or successors in interest shall
comply with the City's business license requirements. (PLN)
28. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
29. Alcoholic Beverage Control. The applicant shall demonstrate to the
satisfaction of the Planning Director that the project site has been
approved by the State Department of Alcoholic Beverage Control for the
service of beer and wine by ABC -licensed caterers subject to the ABC's
Catering Authorization provisions. The caterers may exercise only those
privileges authorized by the caterer's license and shall comply with all
provisions of the ABC Act pertaining to the conduct of on -sale premises.
Any violation of these provisions may be grounds for the City initiating
revocation of this CUP. (PLN)
30. Hours of Operation. Only administrative functions for the use with a
maximum of two employees on-site shall occur during the weekdays,
Monday through Friday, from 7:00 a.m. to 5:00 p.m. The hours of
operation for weddings and special events at the facility shall be as
- follows:
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 8 of 11
a. Wednesday and Thursday, 5:00 p.m. to 10:00 p.m., with amplified
sound ending at 9:00 p.m.
b. Friday, 5:00 p.m. to midnight, with amplified sound ending at 10:00
p.m.
c. Saturday, 9 a.m. to midnight, with amplified sound ending at 10:00
p. M.
d. Sunday, 11 a.m. to 10:00 p.m., with amplified sound ending at 9:00
p.m.
31. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code. Specifically, the following conditions
shall apply: (B&S & PLN)
a. * The sound amplification system shall be equipped with a digital
signal processor to limit the sound output in accordance with the City's
Noise Ordinance. The applicant shall ensure that the digital signal
processor is utilized to limit noise levels so that they do not exceed
noise levels permitted by the Municipal Code`; specifically:
i. 75 dB(A) for a cumulative period of more than 1 minute in any hour;
ii. 70 dB(A) for a cumulative period of more than 5 minutes in any
hour;
iii. 65 dB(A) for a cumulative period of more than 15 minutes in any
hour; and
iv. 60 dB(A) for a cumulative period of more than 30 minutes in any
hour.
b. * The applicant shall ensure that the operation of the use does
not result in exterior noise levels in the residential uses in the vicinity
which are perceived by residents to be unacceptable levels as
evidenced from complaints received on a continuing basis by Code
Enforcement. In the event Code Enforcement determines the exterior
noise levels are unacceptable to residential uses in the vicinity, the
applicant agrees to bring the CUP back to the Planning Commission
for review and possible modification of the noise conditions at a public
hearing.
C. * In the event that the Director of Engineering and Building
Services finds the project is documented to exceed noise standards or
acceptable levels on a repeated basis, the applicant shall implement
additional mitigation intended to reduce noise impacts to within City
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 9 of 11
standards. Failure of the applicant to implement measures to reduce
noise impacts to within City standards or acceptable levels may result
in the City initiating revocation of the CUP for amplified sound.
32. Off -Site Parking. The applicant shall demonstrate to the satisfaction of the
Director of Engineering and Building Services that exclusive rental of the
67 -space CUSD parking lot on the east side of Camino Capistrano has
been secured for all events occurring at the project site, or that alternative
arrangements for parking have been made that will accommodate the
parkitig needs of the event, in accordance with the approved Parking
Management Plan. (ENG)
33. Parking Management. During the life of the use, the applicant shall
operate the wedding and special event venue in accordance with the
Parking Management Plan approved by the Planning Commission. The
Parking Management Plan shall be revised to incorporate and/or address
comments of the City Traffic Engineer and changes directed by the
Planning Commission on April 11, 2006, including the following:
a. The City Traffic Engineer shall have the discretion to require the
applicant to provide crossing guards or off-duty police officers, at the
owner's expense, for any or all events.
b. The red curb configuration in front of the use and adjacent site to the
north may be adjusted to increase on -street parking while preserving
necessary sight distance, as approved by the City Traffic Engineer.
The Traffic Engineer may approve curb markings in front of the site to
delineate stacking room for valet drop-off and pick-up, and may require
other traffic control devices as necessary to ensure traffic safety during
valet operations.
c. The Parking Management Plan shall include an approved informational
flyer outlining driving directions to the site and instructions for parking.
The approved flyer shall be provided to clients with a requirement that
each client shall include a copy of the approved directional and parking
information as an enclosure in the invitations.
d. Valet parking shall be free for guests, and signs stating "Free Valet
Parking" shall be conspicuously posted at the valet drop-off and pick-
up sites.
e. The applicant shall identify one employee to serve as a liaison to
commercial businesses within 300 feet and to regularly monitor nearby
commercial parking lots during each event, on at least an hourly basis,
to ensure that no employees or guests of the wedding/event facility are
parking in commercial parking lots. The liaison employee shall be the
*Denotes Environmental Mitigation Measure
Resolution #06-04-11-01 Final Conditions of Approval
Project #CUP 05-06, AC 05-03, TRP 04-169, Date: April 11, 2006
The Villa Wedding Venue Page 10 of 11
point of contact for commercial businesses in the vicinity, and for the
City. A current contact phone number for the liaison employee shall be
provided to the businesses within 300 feet of the wedding facility, to
the City Traffic Engineer, and to the City Code Enforcement Division.
Valets and employees shall adhere to all traffic regulations, including
prohibitions on jay -walking.
g. All vehicle keys shall be stored on the west side of Camino Capistrano
for guests to retrieve after events.
h. If the applicant proposes any change in parking arrangements from
CUSD lot to the alternative approved parking sites, the applicant shall
notify the City Traffic Engineer at least five (5) working days prior to the
event requiring the alternative parking arrangement and submit a
description of the alternative parking arrangements for review and
approval. The City is under no obligation to approve off-site parking
arrangements outside the primary arrangement with CUSD approved
as part of the CUP. Failure to provide or obtain approval for alternate
parking arrangements in the event the CUSD lot is unavailable shall be
grounds to initiate revocation of this Conditional Use Permit.
In accordance with the Parking Management Plan, City staff will review
the initial operation of the use and the parking and traffic control plan to
assure that safe traffic control, practices are being utilized and
adequate parking is being provided for the use. The City Traffic
Engineer may initiate a parking and traffic control plan review and
provide input regarding problems or unacceptable operations;
however, the applicant shall be responsible to identify and implement
traffic control solutions, upon approval by the City Traffic Engineer, to
any public safety issues observed by or reported to the City and/or the
applicant that are related to valet parking operations or use of the
property. Substantial modifications to the Parking Management Plan
shall be referred to the Planning Commission at the discretion of the
City Traffic Engineer and the Planning Director. Lack of compliance
with this condition may result in the City initiating revocation of this
Conditional Use Permit. (ENG & PLN)
Responsible Agencies: B&S =
ENG =
PLN =
PW =
OCFA =
*Denotes Environmental Mitigation Measure
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Resolution #06-04-11-01
Project #CUP 05-06, AC 05-03, TRP 04-169,
The Villa Wedding Venue
Date of Approval: April 11, 2006
Resolution No.: 06-04-11-01
Effective Date: April 26, 2006
Final Conditions of Approval
Date: April 11, 2006
Page 11 of 11
Applicant` Acceptance of Conditions of Approval:
By: �d 1
Pde— Date
Its:
Title
*Denotes Environmental Mitigation Measure