PC Resolution-06-11-14-01PC RESOLUTION NO. 06-11-14-1
CONDITIONAL USE PERMIT (CUP) 06-02,
ARCHITECTURAL CONTROL MODIFICATION (AC/MOD) 89-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING CONDITIONAL USE PERMIT (CUP) 06-02, AND
ARCHITECTURAL CONTROL MODIFICATION (AC/MOD) 89-10 TO ALLOW THE
EXPANSION OF TANNINS RESTAURANTTO INCLUDE: A LOUNGEAND BAR WITH LIVE
ENTERTAINMENT ON THE SECOND FLOOR, AN OUTDOOR DINING PATIO AREA ON THE
FIRST FLOOR, AND DENYING THE REQUEST TO ESTABLISH OUTDOOR STORAGE
WITHIN THE COMMERCIAL/ RETAIL CENTER LOCATED AT 27201 ORTEGA HIGHWAY
AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 650-211-33
(TANNINS RESTAURANT)
WHEREAS, Geoff Hirson, HLB Properties, 27211 Ortega Highway, San Juan
Capistrano, CA 92675 has requested approval of a Conditional Use Permit, and Architectural
Control Modification to allow the expansion of the existing restaurant use to include a 3,512
square foot lounge and bar with live entertainment on the second floor; establishment of a 705
square foot outdoor dining/patio area on the ground floor level; and placement of three metal
storage containers for outdoor storage purposes on property located at 27211 Ortega Highway
which is General Plan -designated "NC" (3.0 Neighborhood Commercial and classified as
Specific Plan/Precise Plan (SP/PP)zone 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 has determined
that the project qualifies as a Class 1 "minor interior and exterior alterations to existing public
and private structures" Categorical Exemption under Section 15301 of the Guidelines for the
California Environmental Quality Act, and has otherwise complied with all applicable provisions
of the California Environmental Quality Act (1970); and
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
August 22, 2006, September 12, 2006, October 10, 2006, and on November 14, 2006 pursuant
to Title 9, Land Use Code, Section 9-2.313, to consider public testimony on the proposed project
and continued the item to the meeting of October 10, 2006.
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 06-02 and Architectural Control Modification 89-10:
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:
The proposed overall increase in square footage, landscape planter areas, and
colors and materials of the covered patio area are complimentary to the overall
PC Resolution 06-11-14-1 2 November 14, 2006
architectural design of the center, and consistent with the design standards
established within SP 92-01 and the City's Architectural Design Guidelines.
b. The Specific Plan zone district was established to specifically identify uses that
would provide for needs of the residents of the City east of Interstate 5 and
contribute to reducing traffic congestion that would occur as a result of having
only one central commercial retail type area within the City, and the proposed
expansion of an existing restaurant use to include a barwith live entertainment is
located in an area of the City that currently does not offer a large venue
restaurant and bar with live entertainment typically only found in the central
downtown core area, and subject to conditionally approving the project would
allow residents to the east to enjoy services in closer proximity to their residential
areas.
C. The applicant has implemented a free valet service, and has submitted a detailed
parking management plan that specifically addresses, the implementation of a
restaurant liaison to monitor and communicate any parking related issues with
the surrounding retail businesses and adjacent resident's, contingencies for
increased staging of cars wanting valet service, pickup of vehicles from the valet
service after leaving the lounge, methods to assist in noise reduction when
leaving the lounge, increased customer awareness of the valet service through
marketing brochures, and enforcement protocol for managing parking on site.
d. The constructed inner and outer dual glazed set of double doors separating the
lounge and bar from the rear portion of the property provides noise attenuation
associated with live entertainment, designation of a smoking area on the balcony
located along the south elevation of the building facing Ortega Highway, and
retrieval of vehicles from valet at the lower level will assist in keeping lounge
related noise from encroaching into the adjacent residential properties to the
north, and can be substantiated by the fact that no noise complaints from the use
have been received to date by the City.
2. 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 valet parking as well as sound attenuation
measures in compliance with City Noise Ordinance standards; and,
3. 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:
a. The site is an existing developed commercial site, and no new construction on
the site is proposed beyond what currently exist.
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 on-site valet
parking spaces will be sufficient for the use.
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November 14, 2006
C. Conditions of approval and sound attenuating methods such as dual glazed inner
and outer doors leading from the lounge area to the outside will assist in
regulating the amplified sound associated with live entertainment in a manner
that is in compliance with Title 9 noise level standards.
d. 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 hereby approves the request to expand the
restaurant use in excess of 5500 square feet, allow live entertainment, and establish an outdoor
dining area based upon the findings set forth herein and subject to the conditions of approval
contained in Attachment 1, attached hereto and incorporated herein and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the approval for the
expansion of the restaurant shall be for a period of 90 days, after which the application shall be
re -advertised and submitted to the Planning Commission for public hearing, at which time the
Planning Commission may either approve the use, approve the use subject to further conditions,
or deny the use.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby denies the request to establish outdoor
storage within three metal containers along the rear of the property.
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, November 29, 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 November 14, 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 date in accordance with Condition No.
1 of the attached Conditions of Approval (Attachment 1).
PASSED, APPROVED AND ADOPTED this 14th day of November, 2006, by the
following vote, to wit:
AYES:
Commissioners Cohen, Drey and Chairman Cardoza
NOES:
Commissioners Neely and Ratcliffe
ABSTAIN:
ABSENT;
None %
None
Robert Card6za, Chairman
1 -
William Cunningham, Interim Planning Director, Secretary
RESOLUTION #: 06-11-14-1
ATTACHMENT
CONDITIONS OF APPROVAL
Project #: CUP 06-02 AC 89-10 MOD. ,
Project Name: Tannins Restaurant and Lounge
APPROVAL DATE: November 14, 2006
EFFECTIVE DATE: November 29, 2006
EXPIRATION DATE: November 14, 2008
These conditions of approval apply to Conditional Use Permit (CUP) 06-02, Architectural
Control Modification (AC/MOD) 89-10; Tannins Restaurant, a request for approval to
expand the existing restaurant use at 27211 Ortega Highway, and more commonly referred
to as APN: 650-211-33. 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:
1. Conditional Use Permit (CUP) 06-02, Architectural Control Modification
(AC/MOD) 89-10; is granted to allow the expansion of the existing sit down
restaurant from 3,155 square feet to approximately 6,366 square feet with the
proposed portion of the restaurant for lounge and bar purposes with live
entertainment to be established on the second floor, and the establishment of
a 705 square foot outdoor dining/patio area on the ground floor level and
approval for joint -use parking on the Car Wash property during designated
hours on an existing 1.8 acre parcel zoned Specific Plan/Precise Plan
(SP/PP), which is regulated by Specific Plan (92-01); and located at 27211
Ortega Highway, and more commonly referred to as APN: 650-211-33. This
approval is granted based on the application materials submitted by Roy
Nunn, Nunn Architecture: site plan, elevations, floor plans, joint use parking
agreement, submitted on March 8, 2006, and the Parking Demand Analysis
prepared by Katie Cooper of Katz, Okitsu, & Associates on August 17, 2006
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, and which do not intensify or
change the use or require any deviations from adopted standards, may be
approved by the Planning Director upon submittal of an application and the
required fee. If not appealed, this approval shall become effective on the
fifteenth (15`h) 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
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Project #CUP 06-02, AC/MOD 89-10,
Tannins Restaurant and Lounge
Final Conditions of Approval
Date: November 14, 2006
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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.
The approval of this Conditional Use Permit shall be for an initial period of 90
days. After the initial 90 -day period, the Planning Commission shall hold a
duly noticed public hearing to consider the permanent extension of the CUP,
and may at that time approve the application, approve the application subject
to additional conditions, or deny the application.
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 conditions
and the plans or final revised plans that are approved for any subsequent
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Project #CUP 06-02, AC/MOD 89-10, Date: November 14, 2006
Tannins Restaurant and Lounge Page 3 of 8
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.
12. _ The applicant shall remove the three outdoor metal storage containers within
30 days of said action, and return the area currently used to stage the storage
containers to its original approved state. Failure of the applicant to remove
the illegal outdoor storage containers from the site will result in the City
initiating code enforcement proceedings.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
13. 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)
14. _ Building Construction Plans. The applicant shall submit as built plans for the
outdoor patio area within 30 days of said action, and 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
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Project #CUP 06-02, AC/MOD 89-10, Date: November 14, 2006
Tannins Restaurant and Lounge Page 4 of 8
the Planning Commission, Design Review Committee, and/or Planning
Director (as applicable). Plans shall address the following: (PLN)
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 of all outdoor patio area light fixtures and ceiling fans shall be
shown on plan. 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.
c. 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 Design Review
Committee. Said device shall be moved to its proposed location no earlier
than one hour prior to the lounge areas opening at 6:00 P.M., and shall be
removed and stored no later than one hour after the closing of the lounge
area at 12:00 a.m. 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.
15. _ 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)
16. 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)
17. OCFA Review of Architectural Building Plans. Prior to the issuance of an as
built 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)
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Project #CUP 06-02, AC/MOD 89-10, Date: November 14, 2006
Tannins Restaurant and Lounge Page 5 of 8
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:
18. _ 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, lighting plans and landscape plans. (PLN)
19. 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).
The following ongoing conditions shall be complied with at all times after
completion of the project.
20. Business License. The applicant, tenants, or successors in interest shall
comply with the City's business license requirements. (PLN)
21. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements for
property maintenance. (PLN)
22. Hours of Operation. The lounge area portion of the restaurant located on the
second floor shall be restricted to the following hours of operation:
Wednesday through Saturday, from 6:00 p.m. to 12:00 a.m. and shall prohibit
any loitering on premise.
23. _ 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 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.
b. _ 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, this CUP shall be revisited
by the Planning Commission, and the applicant shall implement
additional mitigation intended to reduce noise impacts to within City
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Resolution #06-11-14-1 Final Conditions of Approval
Project #CUP 06-02, AC/MOD 89-10, Date: November 14, 2006
Tannins Restaurant and Lounge Page 6 of 8
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 live
entertainment.
24. _ Off -Site Parking. The applicant shall demonstrate to the satisfaction of the
Director of Engineering and Building Services that exclusive use of the Car
Wash facility immediately west of the restaurant has been secured, and in
accordance with the approved Parking Management Plan. (ENG)
25. _ Future Parking Demand. In the event that future land uses require additional
parking, the applicant must obtain the necessary land use approval that
demonstrates that sufficient parking is being provided for all land uses within
the building or on the property. (PLN)
26. Parking Management. During the life of the use, the applicant shall operate
the restaurant and lounge with live entertainment in accordance with the
Parking Management Plan. The Parking Management Plan shall be
established in a manner that incorporates and/or address comments of the
City Traffic Engineer and changes directed by the Planning Commission on
November 14, 2006, including the following:
a. Valet parking shall be free for guests, and temporary signs stating
"Free Valet Parking" shall be conspicuously posted at the valet drop-
off, pick-up sites, and at the entrance in the vicinity of the Fish
Market restaurant.
b. The applicant shall identify one employee to serve as a liaison to
commercial businesses within 300 feet and to regularly monitor the
parking lot, and at least on an hourly basis, to ensure that no
businesses are being impacted by lounge parking. The liaison
employee shall be the 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.
c. If the applicant proposes any change in parking arrangements from
the Car Wash to an alternative parking site, the applicant shall
submit a revised Parking Management Plan with a description of the
alternative parking arrangements to the City Traffic Engineer and
Planning Department for review and approval. The City is under no
obligation to approve off-site parking arrangements outside the
primary arrangement approved as part of the CUP. Failure to
provide or obtain approval for alternate parking arrangements shall
be grounds to initiate revocation of this Conditional Use Permit.
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Project #CUP 06-02, AC/MOD 89-10, Date: November 14, 2006
Tannins Restaurant and Lounge Page 7 of 8
In accordance with the Parking Management Plan, City staff will
periodically 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)
e. Prior to establishment of certain parking spaces as time limited
spaces and/or reserved spaces, the applicant shall submit a request
and obtain approval from the Planning Department and Traffic
Engineer for all such designated spaces. All parking spaces that are
assigned time limits and or reserved for specific suites may only be
operated in this manner during the hours of 5:00 a.m.-5:00p.m.
Within 30 days of this action, appropriate methods shall be taken to
ensure that the operational aspects of said spaces are posted for all
patrons to see and understand.
The applicant shall amend the draft Parking Management Plan to
include a provision that the valet parking may be conducted by either
a private valet parking company or by employees of the restaurant.
However, if employees are to conduct the valet parking, the
employees shall be assigned as having sole responsibility for the
parking function and other employees of the restaurant (wait -
persons, hosts/hostesses, bartenders, water servers, etc.) shall not
be used for the purpose of parking of vehicles.
Responsible Agencies: B&S =
Building and Safety
ENG =
Engineering Department
PLN =
Planning Department
PW =
Public Works Department
OCFA =
Orange County Fire Authority
Date of Approval:
"a -me Rit:7ilR.a
Effective Date:
November 14, 2006
��ZINNE iC?3
November 29, 2006
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Resolution #06-11-14-1
Project #CUP 06-02, AC/MOD 89-10,
Tannins Restaurant and Lounge
Applicant Acceptance of Conditions of Approval:
Applicant Name 1
Its:
Title
`Denotes Environmental Mitigation Measure
Final Conditions of Approval
Date: November 14, 2006
Page 8 of 8
Date