PC Resolution-05-07-12-02PC RESOLUTION NO. 05-07-1 2-2
CONDITIONAL USE PERMIT 05-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A CONDITIONAL USE PERMIT
CONSUMPTION. THE PROJECT SITE IS LOCATED AT 31776 EL
REAL PLAYHOUSE).
ALLOWING THE SALE OF BEER AND WINE FOR ON-SITE
CAMINO REAL (ASSESSORS PARCEL NUMBER 124-160-55) (CAMINO
WHEREAS, The City of San Juan Capistrano (Community Redevelopment Agency)
is owner of real property described as Assessor’s Parcel Number 124-160-55 located at
32400 Paseo Adelanto, San Juan Capistrano; and,
WHEREAS, The Camino Real Playhouse has requested approval for a Conditional
Use Permit (CUP) 05-04 to sell beer and wine for on-site consumption to patrons
approximately thirty (30) minutes prior to scheduled performances and during event
intermissions. The permit will include the sale of beer and wine and consumption will be
confined to an internal 240 square-foot guest area and a 256 square-foot exterior deck
area in front of the Camino Real Playhouse and directly adjacent to El Camino Real. Beer
and wine will be dispensed from an 18” by 48” mobile cart.
.-d WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code and reviewed for compliance with the City’s
General Plan and the City’s adopted Architectural Design Guidelines; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15305 of the California Environmental Quality Act (CEQA) and issued a Class 5
categorical exemption and caused a Notice of Exemption to be posted pursuant to Section
15062 of the CEQA Guidelines, and has otherwise complied with all applicable provisions
of the California Environmental Quality Act (CEQA); and,
WHEREAS, On July 12, 2005 the Planning Commission conducted a duly noticed
public hearing pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan; and;
PC Resolution 05-07-12-2 2 Julv 12, 2005
-v 2. The proposed project complies with all applicable provisions of the Land Use Code
subject to the conditions of approval as set forth in Exhibit A attached to this
resolution.
3. The proposed project will not result in an over-concentration of alcohol within the
vicinity of the project site, due to the fact that the Camino Real Playhouse will be
serving small amounts of beer and wine during established times during scheduled
performances.
4. The proposed project will serve the public convenience, due to the fact that the
service of alcohol is intended for theater patrons only during scheduled
performances.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to conditions of approval set forth
in Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 PM, Wednesday, July 27th,
2005.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2005, by the t
following vote, to wit:
AYES: Commissioner Drey, Ratcliffe, Cohen, and Vice Chairman Cardoza
ABSTAIN:
ABSENT: Chairman Tim Neely
/
P \PlanningWrchive\CUP PROJECTS\CUP0504-Camino Real Playhouse Wtne Service\CUP 05-04 PCreso-12july05 doc
Project #: CUP 05-04
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION #: 05-07-1 2-2
Exhibit A
CONDITIONS OF APPROVAL
Project Name: Camino Real Playhouse
July 12,2005
July 27,2005
July 27,2007 (if use is not inaugurated by this date)
These conditions of approval apply to Conditional Use Permit # 05-04, a request to sell
beer and wine for on-site consumption to patrons approximately thirty (30) minutes prior
to scheduled performances and during event intermissions. The permit will include the
sale of beer and wine only and consumption will be confined to an internal 240 square-
foot guest area and a 256 square-foot exterior deck area in front of the Camino Real
Playhouse and directly adjacent to El Camino Real. Beer and wine will be dispensed from
an 18” by 48” mobile cart on the existing Camino Real Playhouse Building located at
31776 El Camino Real, generally located approximately 200 feet south of Ortega
Highway and approximately 20 feet east of El Camino Real (APN 124-160-55). 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.
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General Conditions:
1. Conditional Use Permit # 05-04 is granted to serve beer and wine to
patrons approximately thirty (30) minutes prior to scheduled performances
and during event intermissions. The permit will include the sale of beer and
wine only and consumption will be confined to an internal 240 square-foot
guest area and a 256 square-foot exterior deck area in front of the Camino
Real Playhouse and directly adjacent to El Camino Real. Beer and wine will
be dispensed from an 18” by 48” mobile cart on the existing Camino Real
Playhouse Building located at 31776 El Camino Real, generally located
approximately 200 feet south of Ortega Highway and approximately 20 feet
east of El Camino Real (APN 124-160-55). This approval is granted based
on the application materials submitted by Camino Real Playhouse, on
March 22, 2005, prepared by Tom Scott, Agent for the Camino Real
Playhouse including site plan and floor plans. 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
Planning Commission Resolution 05-07- 12-2
CUP 05-04
Final Conditions of Approval
July 12, 2005
Page 2 of 4
not appealed, this approval shall become effective on the first business day
following the fifteenth day after the date of the Planning Commission’s
approval and shall expire July 27, 2007 (24) months after the effective date
of the approval unless the use or occupancy which is the subject of this
action has taken place and all conditions of approval have been met, or a
time extension has been granted by the City. Any application for an
extension of time shall be submitted to the 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.
c
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. - 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
Planning Commission Resolution 05-07- 12-2 - CUP 05-04
Final Conditions of Approval
July 12, 2005
Page 3 of 4
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
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14.
- 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, or any public nuisances arising or occurring
incidental to the establishment or operation.
- 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.
- 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. (BStS)
- Orange Countv Fire Authoritv (OCFA) Approval. The applicant shall secure
OCFA approval prior to commencement to any interior building alterations.
- The applicant shall abide by all conditions of approval as set forth in the
permit issued by the California Department of Alcoholic Beverage Control.
In addition, the applicant shall secure approval and proper permits from the
California Department of Alcoholic Beverage Control and the City of San
Juan Capistrano prior to the service of any alcoholic beverage type not
specified in the approved permit.
- If a violation of the Department of Alcoholic Beverage Control shall occur as
a result of a sale from the above mentioned location, the City may initiate
business license revocation hearings in accordance with the procedures of
Section 3-1.202 (c)(7) of the Municipal Code, and the conditional use permit
may be revoked in accordance with Section 9-2.317(k) of the Municipal
Code.
- The applicant shall meet all of the conditions applied by the Orange County
Health Department prior to obtaining business license permits.
- The applicant shall secure all applicable sign permits in accordance with
Section 9-3.603 of the Municipal Code.
Planning Commission Resolution 05-07- 12-2
CUP 05-04 July 12, 2005
Final Conditions of Approval -
\-I Page 4 of 4
15. - Any building modifications and/or interior alterations necessary to fulfill
Orange County Fire Authority (OCFA), Orange County Health Department,
and Alcohol Beverage Control (ABC) requirements for permits need to have
prior approval by the landlord and City of San Juan Capistrano Building
Department.
16. - All alcohol sales shall cease and desist at the end of event intermissions.
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: July 12, 2005
Resolution No.: 05-07-12-x
Effective Date: July 27, 2005 4
Applicant Acceptance of Conditions of Approval:
Applicant Name Date
Title
P \Planning\Archive\CUP PROJECTS\CUP0504-Camino Real Playhouse Wine Service\SJC City-Standard Conditions of Approval-2005-6 doc