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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. PC Resolution 06-11-14-1 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 `Denotes Environmental Mitigation Measure Resolution #06-11-14-1 Project #CUP 06-02, AC/MOD 89-10, Tannins Restaurant and Lounge Final Conditions of Approval Date: November 14, 2006 Page 2 of 8 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 `Denotes Environmental Mitigation Measure 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 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 *Denotes Environmental Mitigation Measure 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 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) *Denotes Environmental Mitigation Measure 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 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 *Denotes Environmental Mitigation Measure 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. *Denotes Environmental Mitigation Measure 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 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 "Denotes Environmental Mitigation Measure 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