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Ordinance Number 1063ORDINANCE NO. 1063 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01, SECTOR A-2, SUBSECTOR 1, TO PERMIT BANQUET FACILITIES WITH LIVE ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL USE PERMIT AT 31654, 31738, 31742, AND 31748 RANCHO VIEJO ROAD (APN 666-261-06/07/0809 AND PORTIONS OF 666-261-13/14) (APPLICANT: BAD TO THE BONE C/O PRS GROUP) ix Whereas, Badto the Bone, 31738 Rancho Viejo Road, San Juan Capistrano, has requested approval of a Code Amendment for Ortega Planned Community Comprehensive Development Plan 78-01, Sector A-2, Subsector 1 to allow banquet facilities with live entertainment with approval of a Conditional Use Permit concurrently with a request for approval of CUP 18-007, to allow banquet facilities with live entertainment at 31738 Rancho Viejo Road Del Obispo Street (Assessor Parcel Number 666-261-06). The subject property, located on the southeast corner of Ortega Highway and Rancho Viejo Road, has a General Plan Land Use Designation of Neighborhood Commercial and a Zoning Designation of Planned Community; and, Whereas, Ortega Village Retail LLC is the owner of real property located at 31738 Rancho Viejo Road (APN 666-261-06); and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, The City's Environmental Administrator has determined that the entire project is categorically exempt from further review under 15301 (a) because the use will be within an existing restaurant facility, with interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances. Whereas, a Notice of Exemption (NOE) will be posted should the project receive final approval; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, Whereas, January 22, 2019, the City's Planning Commission held a duly - noticed public hearing and following the receipt of public comments and any written materials, the Planning Commission closed the hearing, reviewed and considered all the evidence presented and recommended the City Council adopt the Code Amendment; and 01063 Whereas, on February 22, 2019, the City Council held a duly noticed public hearing to consider the provisions of this Ordinance and following receipt of all written and oral public comments, the City Council closed the public hearing, considered the evidence presented, and deliberated. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as if fully set forth herein. SECTION 2. CEQA:, This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The City's Environmental Administrator has determined that the entire project is categorically exempt from further review under Section 15301, "Existing Facilities" (Class 1). The entire project is exempt under Section 15301, because the use proposed within the Code Amendment in this project will be within an existing restaurant facility, with interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances. Further, the proposed code amendment allows for banquet facilities with live entertainment only in conjunction with the restaurant use and only with a CUP, so the City will review each banquet use proposal and determine environmental impacts on a case-by-case basis. SECTION 3. Findings 1. The proposed Land Use Code amendment conforms with General Plan Goal 1 and Goal 6 because- the amendment will diversify the land use composition, enhance the performance of the Ortega Business Center by providing a destination venue, generate sales tax (through venue rentals, and food and beverage sales), and maintain balanced growth through the requirement of a Conditional Use Permit. Additionally, the requirement of a Conditional Use Permit ensures each proposed use remains compatible with the existing and future land uses and character of the city, as well as ensuring adequate public facilities and services. 2. The amendment is ndcessary to implement the General Plan and to provide public convenience because the locations where banquet facilities with live entertainment can currently be established are limited to the Commercial Manufacturing, General Commercial, and the Historic Town Center Master Plan zones, which are all located on the west side of the City. Sector A-2, Subsector 1 of the Ortega Planned Community CDP 78-01 offers appropriate opportunities for locations convenient to the public and remain compatible with surrounding uses. 3. The proposed Land"Use Code amendment conforms with the intent of the Development Code because the purpose of Sector A-2 is to provide for the integration of a broad range of retail and services commercial, and public and 2 01063 semi-public institutional uses. The allowance of banquet facilities with live entertainment would allow another commercial use similar to those currently allowed within the center. Further, consistency would be ensured through the �J review and issuance of a conditional use permit. 4. The proposed Land Use Code amendment is reasonable and beneficial at this time because it encourages orderly development and requires banquet facilities with live entertainment to be processed through a conditional use permit allowing adequate review of potential impacts to surrounding areas. Furthermore, the proposed use conforms to the intent of the development code and is consistent with the intent to "realize the economic, social, and aesthetic advantages of combining different types of land uses in a coordinated community design." SECTION 4. Amendment of Comprehensive Development Plan 78-1 The proposed amendment to Sector A-2, Subsector 1 of the Ortega Planned Community CDP 78-01 through Code Amendment 17-007, and bearing the file number as follows: Code Amendment 17-007 is hereby approved, and hereby adopted by the City Council and incorporated as part of Comprehensive Development Plan 78-1, provided in this Ordinance as Exhibit A. SECTION 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of San Juan Capistrano hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 13. Publication. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Capistrano Dispatch, a newspaper of general circulation that is printed, published, and circulated in the City of San Juan Capistrano. SECTION 14. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted and published in the manner required by law. 1. SECTION 15. Location and Custodian of Records. 3 01063 The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office located at 32400 Paseo Adelanto, San Juan Capistrano, California 92775. The custodian of these records is the City Clerk. PASSED AND ADOPTED this 5th day of March 2019. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) L mankyjr. 010 I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1063 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 19th day of February 2019 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 5th day of March 2019 by the following vote, to wit: AYEy:O NCIL MEMBERS: Reeve, Taylor, Farias, Bourne, and Mayor Maryott NO NCIL MEMBERS: None ABSN O NCIL MEMBERS: None u_:: 4 0 1063 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 215' day of February 2019, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78- 01, SECTOR A-2, SUBSECTOR 1, TO PERMIT BANQUET FACILITIES WITH LIVE ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL USE PERMIT AT 31654, 31738, 31 2,IATROUP) 31748 RANCHO VIEJO ROAD (APN 666-261-06/07/0809 AN fj0IONS OF 666-261-13/14) (APPLICANT: BAD TO THE BONE C/ , Pf S This document was posted in the Office of the 1piq C San Juan STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: CITY C 'ano, Cal AFFIDAVIT OF POSTING That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 11th day of March, I caused to be posted a certified copy of Ordinance No. 1063, adopted by the City Council on March 5, 2019, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78- 01, SECTOR A-2, SUBSECTOR 1, TO PERMIT BANQUET FACILITIES WITH LIVE ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL 5 1 01063 USE PERMIT AT 31654, 31738, 31742, AND 31748 RANCHO VIEJO ROAD (APN 666-261-06/07/0809 AND PORTI�-NS OF 666-261-13/14) (APPLICANT: BAD TO THE BONE C/O?'¢ (PP�OUP) This document was posted in the Office of tho City C San Juan 6 01063 EXHIBIT A City of San Juan Capistrano 12 Ortega Planned Community II. Planning Sector A-2 A. Purpose and Intent: The purpose of these regulations is to create a high quality planned development that provides for the integration of a broad range of retail and services commercial, and public and semi-public institutional uses in accordance with the General Plan, Comprehensive Development Plan, and PC District Regulations. B. Uses Provisions 1. Subsection 1 la. Subsection 1, Principle Uses Permitted: a. General retail uses including furniture, home appliances, paint, floor and wall coverings, auto parts and supplies, bicycles, sporting goods, hobby supplies, apparel, fabrics, jewelry, cosmetics and pharmaceutical, stationery, flowers, candy, baked goods, liquor, newspapers, magazines, and similar uses. b. Commercial service uses include home appliance repair, bicycle repair, cleaning and dyeing agencies, barber and beauty shops, tailor shops, art and photography studios, printing blueprinting and reproduction services (excluding newspaper or other publishing), travel agencies, and similar service uses. C. Restaurants (drive-in or drive-through restaurants are prohibited), bakeries, ice cream parlors, delicatessens, small-scale grocery/meat/liquor markets (less than 10,000 square feet). d. General office uses include professional businesses, real estate, travel agencies, non-profit and civic organizations, and similar uses. e. Financial service uses include banks, saving and loan associations, and credit unions. f. Medical and dental offices (medical centers/complexes are prohibited). g. Specialized service uses including linen and diaper supply, office supplies, catering services, appliance repair, automobile parts and supply, computer and data processing centers, and industrial products showrooms. h. Wholesale establishment uses including the sale of products to retailers or other businesses (general public use prohibited). i. Product sales including electrical supplies, plumbing supplies, hospital supplies. j. Weight loss clinics. k. Personal trainers/fitness consultants. 1 b. Subsection 1, Conditional Uses: a. Wholesale bakery with retail bakery sales. b. Religious uses include churches, temples, synagogues, and other places of religious worship. C. Business, vocational, and professional schools (including secretarial, art, dance, drama, music, barber, beauty schools. swimming schools and public/private primary and secondary schools are prohibited). d. Public/governmental offices. e. Banquet facilities, with live indoor entertainment, are permitted to operate in coniunction with a restaurant. 2. Subsection 2 City of San Juan Capistrano 13 Ortega Planned Community 2a. Subsection 2, Principle Uses Permitted: a. General office uses including professional businesses, real estate, travel agencies, non-profit and civic organizations, and similar uses. b. Financial service uses include banks, saving and loan associations, and credit unions. C. Medical and dental offices (medical centers/complexes are prohibited). d. Restaurants. e. Weight loss clinics. f. Personal trainers/fitness consultants. 2b. Subsection 2, Conditional Uses: a. Business, vocational, and professional schools including secretarial, art, dance, drama, music, barber, beauty (swimming schools and public/private primary and secondary schools are prohibited). b. Religious uses include churches, temples, synagogues, and other places of religious worship. 3. Subsection 3 3a. Subsection 3, Principle Uses Permitted: a. General office uses including professional businesses, real estate, travel agencies, non-profit and civic organizations and similar uses. b. Financial services uses including banks, saving and loan associations, and credit unions. C. Medical and dental offices (medical centers/complexes are prohibited). d. Public and semi-public buildings uses including services and facilities. e. Restaurants (Drive-in and drive-thru prohibited). f. Specialized service uses including linen and diaper supply, office supplies, catering services, appliance repair, printing, blueprinting and reproduction services, upholstery shops, automobile parts and supply, computer and data processing centers, industrial products showrooms and plumbing companies. g. Wholesale establishment uses including the sale of products to retailers or other businesses (general public use prohibited). h. Product sales including electrical supplies, plumbing supplies, hospital supplies. 3b. Subsection 3, Conditional Uses: a. Medical centers or complexes. b. Wholesale bakery with retail bakery sales. C. Business, vocational, and professional school uses including secretarial, art, dance, drama, music, barber, beauty (outdoor facilities, swimming schools, and public/private primary and secondary schools are prohibited). D. Operational Standards: per Section 9-3.417(e) of Title 9, Land Use Code. E. Area Plan Requirements: refer to Planning Sector A-1. F. Development Standards: Per Planning Sector A-1 and as follows: Minimum setbacks along Rancho Vieio Road between Ortega Highway and Calle Arroyo: 25 feet.