City of San Juan Capistrano Supplemental Agenda Report TO: FROM: DATE: SUBJECT: Planning Commission Development Services Department... / Submitted by: Charles View, Development Services Dire ct~.. J,J._ ~ _ Prepared by: Laura Stokes, Housing Coordinator/Assistant Planneuy - ~ Consideration of Conditional Use Permit (CUP) 14-011, We Olive, a Request to Establish "Off-Sale Beer and Wine" in Conjunction with a 1,040 square foot business for tasting and retail sales of olive oil and wine located at 31730 Camino Capistrano, Suite B (C.D. Middleton Inc., Kimberly Middleton) RECOMMENDATION: Open the public hearing, receive public testimony; close the public hearing; and, By motion, approve Conditional Use Permit (CUP) 14-011. SITUATION: It was brought to staff's attention that the header for the draft resolutions Exhibit A, was incorrect. Staff has modified the Exhibit A to reflect the appropriate project title, We Olive, and attached the final draft resolution to this Supplemental Report. ATTACHMENT(S ): Attachment 1 - Draft Resolution 14-09-23-XX
PC RESOLUTION NO. 14-09-23-XX CONDITIONAL USE PERMIT (CUP) 14-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST FOR A TYPE 20 LICENSE FOR "OFF SALE BEER AND WINE" IN CONJUNCTION WITH A RETAIL BUSINESS INCLUDING OLIVE OIL AND WINE TASTING WITHIN THE BUILDING AT LOCATED AT 31760 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 124-160-22 AND 124-160-23) (APPLICANT: C.D. MIDDLETON INC., KIMBERLY MIDDLETON) Whereas, Kimberly Middleton of C.D. Middleton Inc., 26512 Via La Jolla, San Juan Capistrano, has requested approval of CUP 14-011, We Olive, to allow for "off-sale wine" in conjunction with an olive oil and wine tasting and retail business located at 31760 Camino Capistrano at the southeast corner of the Ortega Highway and Camino Capistrano intersection. The property is referred to as Assessor Parcel Number 124-160-22 and 124-160-23, is General Plan-designated General Comercial and is situated in the "TC" (Town Center) Zone District; and, Whereas, San Juan Partners is the owner of real property located at 31760 Camino Capistrano (APN 124-160-22); and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061 (d) of the CEQA Guidelines which provides that "the notice shall not be filed with OPR or the county clerk until the project has been approved;" and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 1507 4 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.317 of Title 9, Land Use Code of the City of San Juan Capistrano:
PC Resolution 14-09-23-XX 2 September 23. 2014 1. The proposed use and design are consistent with the Land Use Element Policy 1.2, in that it encourages commercial and tourists oriented development which is compatible with the land use and improves the generation of sales tax and 3.1 General Commercial land use designation which permits retail business activities serving a community wide area and population or broader market; and, 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because offsale alcoholic beverages are expressly allowed subject to the approval of a Conditional Use Permit in the Town Center zoning district; and, 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the site is not being modified in any way and the project consists only of establishing a new use within an existing structure; and, 4. The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because, as conditioned, the use will be similar in nature to other businesses operating in the vicinity, will keep similar hours of operation, and will be of relatively small scale; and, 5. The site for the proposed use has adequate access and parking to support the use because the site is located within the City's Historic Town Center Master Plan "Park-Once" boundary which satisfies all parking requirements. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to those conditions of approval established by Exhibit A, 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 5:00 pm, Wednesday, October 8, 2014. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on September 23, 2016 unless a time extension request or building permit application related to this discretionary approval is submitted to the City prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures
PC Resolution 14-09-23-XX 3 September 23. 2014 established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 23rd day of September, 2014. Sheldon Cohen, Chairman Charlie View, Development Services Director Secretary
Project#: Project Name: APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: EXHIBIT A RESOLUTION#: 14-09-23-XX CONDITIONS OF APPROVAL CUP 14-011 We Olive October 8, 2014 September 23, 2016 These conditions of approval apply to Conditional Use Permit 14-011 a request for approval to establish "off-sale beer and wine" in conjunction with a 1,040 square foot business for tasting and retail sales of olive oil and wine within an existing building. The subject site is 31760 Camino Capistrano, Suite B, and more specifically referred to as APN: 124-160-22 and 124-160-23. Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Development Services Department, along with the required application and deposit or 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 14-011 is granted to establish and operate "offsale beer and wine" in conjunction with a 1,040 square foot business for tasting and retail sales of olive oil and wine within an existing building. The subject site is 31760 Camino Capistrano, Suite B, and more specifically referred to as APN: 124-160-22 and 124-160-23. Approval is granted based on the application materials submitted by Kimberly Middleton on August 22, 2014. 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 Development Services 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 Development Services Director upon submittal of an application and the required deposit or fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Planning Commission's approval and shall expire September 23, 2016, twenty-four (24) months after 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 Development Services Department, along with the required deposit or fee, at least ninety (90) days prior to the expiration
Planning Commission Resolution 14-09-23-XX CUP 14-011 We Olive Final Conditions of Approval Page 2 of4 date of this approval, except as otherwise approved by the Development Services Director. 2. The off-sale beer and wine activities shall not open before 11:00 a.m. and shall not operate past 11:00 p.m. Violation of the operating hour restrictions may result in the City initiating revocation proceedings on the Conditional Use Permit for the off-sale beer and wine use, and may result in the City filing a formal complaint with the Alcoholic Beverage Control (ABC) Board which may result in the revocation of ABC license(s). 3. All activities shall be solely conducted within the building and shall not include amplified music. No outdoor activities and/or amplified music shall take place without approval of a Special Activities permit or a modification to the Conditional Use Permit. All other provisions of Section 9-3.547 Special activities (non-residential) shall apply. 4. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. The application shall obtain approval from Orange County Health Care Agency prior to issuance of a City Business License. 5. Prior to occupancy, the Applicant must satisfy and remain in compliance with all requirements of the Orange County Fire Authority (OCFA). 6. 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. 7. 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. 8. 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
Planning Commission Resolution 14-09-23-XX CUP 14-011 We Olive Final Conditions of Approval Page 3 of 4 Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 9. 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 phase, the conditions and/or plans as stipulated in the later approval shall prevail. 10. 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. 11. 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. 12. 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) 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) 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. 14. 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) 15. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:30 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.(b&s)
Planning Commission Resolution 14-09-23-XX CUP 14-011 We Olive Final Conditions of Approval Page 4 of4 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: 16. Final Planning Inspection. The applicant shall schedule a final inspection by the Development Services Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (PLN) Responsible Agencies: B&S ENG = PLN = PW = OCFA= Building and Safety Engineering Department Planning Department Public Works Department Orange County Fire Authority Date of Approval: Resolution No.: 14-09-23-XX Effective Date: October 8, 2014 Applicant Acceptance of Conditions of Approval: By: Applicant/ Agent Date