following pandemic related issues: shortages of staff and labor based on self-isolation, restrictions on movement and stay-at-home orders, business disruptions, supply chain interruptions, and associated financial impacts.
As previously discussed, time extensions may only be granted for the original project. Any modifications to the original project, depending on the scope of work, shall be processed either administratively or with the same filing procedures as the original project. Should the City Council approve the time extension request, the new expiration date will be set to April 1, 2024. If the Applicant continues to take no action on the Project, the approval will expire and the Applicant will need to submit a new application for consideration.
Public Notice:
On August 24, 2023, a public notice of the proposed time extension was published in the Orange County Register and mailed to all property owners within 300 feet of the subject site.
Attachments:
1. Applicant's Time Extension Request Letter
2. Project Plans
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Three Park Plaza • Suite 1400 • Irvine California 92614 • Phone 949-833-8550 • Facsimile 949-833-8540 J. Michael Vaughn
[email protected]
March 17, 2020
Honorable Mayor Mike Munzing
City Council Members
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656-5335
Re: Noticed March 13 Public Hearing on a Non-Urgency Ordinance and Urgency Ordinance to Amend Title 15 of the Aliso Viejo Municipal Code related to Permit Expirations and Time Extensions related to Discretionary Permits Dear Mr. Mayor and Council Members:
On behalf of BPM Investments, LLC (“BPM”), we are writing to express comments and concerns arising from the proposed adoption above the above -referenced ordinances by the City of Aliso Viejo.
BPM is the owner of the property at 1 Polaris within the Polaris Place Business Park in the City of Aliso Viejo, California. BPM purchased the property in 2004 from Fluor Enterprise, with specific authorization provided pursuant to Section 6.4 of the Declaration of Reciprocal Easements and Covenants (the “Polaris D eclaration,” recorded March 31, 2014 as Instrument No. 2004000265241) giving BPM the right to construct a building of no greater than 40,000 square feet of net rental square footage on Parcel 1 (hereinafter referred to as the “6 Polaris Project”), provided BPM creates, at such BPM’s sole cost and expense on Parcel 1, sufficient additional parking (in a structure or otherwise) to (i) replace all parking spaces displaced by the construction of such new building(s) and (ii) satisfy (without a variance or CUP the standard City parking requirements for the proposed new building and use. Any building(s) constructed pursuant to Section 6.4 of the Declaration shall be subject to the Design Criteria as well.
Background and Setting
Over the course of the last three years, BPM has pursued its right to development of the 6 Polaris Project as authorized by the Polaris Declaration at its sole cost and expense. BPM took extra steps to consult early and often spending substantial time and effort with the Polaris Place Association (“Polaris Association”), the Aliso Viejo Community Association and the City of Aliso Viejo. As part of this effort, from the point of initiation of the 6 Polaris Project, BPM reached out to the Polaris Place Association and its Owners on numerous occasions to consult and obtain approvals necessary to move forward with the 6 Polaris Project.
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Honorable Mayor Mike Munzing
March 17, 2020
By action of the Polaris Association Board in April 2015, the siting for the 6 Polaris Project was clarified and approved, and BPM obtained the Polaris Association Board’s approval of the general schematic design parameters of th e development project such as ex terior design features for the building. On this basis, BPM moved forward to complete preliminary development plans and entitlement level plans at significant cost. By written Resolution adopted on September 15, 2015, the Polaris Association formally approved the proposed modified location of the office building pursuant to Section 6.4 of the Polaris Declaration and approved BPM’s site development plans and request to subdivide BPM’s Parcel 1 property into two parcels, authorizing submittal of plans to the City of Aliso Viejo and Aliso Viejo Community Association and later final building construction plans to the newly created Polaris Place Association Design Review Committee. In addition, the Polaris Association authorized BPM to prepare draft redline amendments to the Polaris Declaration consistent with the Memorandum and as necessary to accommodate the 6 Polaris Project.
Prior to formal submittals to the City of Aliso Viejo, BPM consulted and informed the Association of development team members as well as technical team members for the 6 Polaris Project, required by the City, including but not limited to Traffic and Circulation and other technical environmental requirements. With submittal of the formal entitlement applications to the City of Aliso Viejo, detailed environmenta l technical reports were prepar ed by a variety of consultants with the specific scope of work and reports appr oved by the City of Aliso Viejo and their legal counsel, including Noise, Air Quality, Greenhouse Gas Emissions, Traffic and Circulation and Parking and an Environmental Initial Study and Mitigated Negative Declaration at significant cost to BPM. As noted above, Polaris Association Board members were consulted and informed of the consultant teams selected by the City as part of this process and BPM did not receive any negative comments, nor did the Polaris Association, or individual Polaris Place Owners or representatives on the Polaris Association Board, make any nega tive comments, requests for scope of work alterations or other indications at the time regarding the qualifica tions or expertise of individual consultants selected by the City.
As part of the City’s entitlement process, Owners of Polaris Place as well as other property owners within a 300 foot radius of the 6 Polaris Proj ect, were notified in writing on May 19, 2016 of the public hearing on the entitlement applications for the 6 Polaris Project as well as the City’s proposed Environmental Initial Study and Mitigat ed Negative Declaration and all supporting technical reports. At the public hearing held on June 1, 2016, the Aliso Viejo City Council reviewed and unanimously approved the entitlements for 6 Polaris. None of the Polaris Association, Polaris Place Owners, tenants of th e Polaris Place Business Pa rk or other parties, adjacent residential property owners or tenant s spoke in opposition to the City’s proposed action on the entitlements, or voiced any concerns whatsoever with the technical studies, Initial Study or Mitigated Negative Declaration. The overall lack of opposition and overall support for the 6 Polaris Project demonstrates the concerted energy that BPM and its development team placed on outreach, positive community relations and goodwill with the City, Polaris Place and its neighbors.
BPM also fully complied with the requirements of Section 6.4 of the D eclaration meeting all parking requirements for the 6 Polaris Project as certified by the City of Aliso Viejo. 165
Honorable Mayor Mike Munzing
March 17, 2020
After the public hearing during the June 1, 201 6 City Council meeting, the Aliso Viejo City Council unanimously approved adoption of a series of resolutions: (a) Resolution No. 2016-22, approving and adopting an initia l study and a mitigated negative declaration prepared in accordance with CEQA; (b) Resolution No. 2016-23, approving Tentative Parcel Map 2015-155 for Parcel 1 (APN 623-481-49) of Lot Line Adjustment 97-054 pursuant to Aliso Viejo Municipal Code (AVMC) Section 14.08; a nd (c) Resolution No. 2016-24 to approve Planning Application PA15-030 (SDP/EP) which includes a Site Development Permit and Parking Exception Permit to construct a 42,400 square foot two-story general office building and a 423 space, 4 ½ level parking structure with a 7.6% parking exception at 6 Polaris Way, pursuant to AVMC Sections 15.74.020,
15.74.070 15.38.040. The Site Development Permit and Parking Exception Permit contained 120 Conditions of Approval.
After approval of entitlements by the City, BPM prepared at significant cost, time and effort, proposed Amendments to the Polaris Declarat ion and submitted them to the Polaris Place Association for consideration by letter dated June 13, 2016. For ap proximately two years, the Polaris Association took no formal action to review, agendize, or approve the necessary Amendments to the Polaris Declaration in order fo r the 6 Polaris Project to move forward. This forced BPM to secure legal counsel and declar e that there was a “Covered Dispute” under the Polaris Declaration requesting that the Polaris Association act on the necessary amendments.
With several ownership modifications within the Polaris Place Business Park, Invesco Real Estate had, at the time, assumed management as an owner representative of Parcel 2 and 3 and ownership of Parcel 5. It is BPM’s position that the Association’s business in permitting the 6 Polaris Project to move forward was specifically stymied by Invesco Real Estate and its representatives on the Association Board. A big part of this was Invesco’s desire to purchase the 1 and 6 Polaris project which had been rejected by BPM. Significant time, dollars and effort have been spent by BPM, as well as BPM having paid a signifi cant financial premium for the right to build the 40,000 square feet of office space when the Parcel 1 property was purchased in 2004.
Despite the Polaris Association dispute, BPM moved forward on those portions of the project that it could including preparing and recording a Final Parcel Map (December 22, 2017 recordation by instrument no. 201700555368). The Amendments to the Polaris Declaration were necessary both for financing, and completion of final building cons truction plans and for issuance of any future building permits by the City.
It was within the context of this background that BPM submitted a first-time extension request for its previously granted entitlements, in the fa ll of 2018 which was unan imously approved by the Aliso Viejo City Council after a noticed public hearing on February 6, 2019. This extension was approved through December 1, 2019. As was th e case with the original entitlement and environmental documentation for the project, no opposition from adjacent properties or residences were received at the public hearing. Further since amendments to the Polaris Declaration were not approved by the Polaris Association until early summer of 2019, inhibiting the ability of BPM to obtain construction financing, an additional second time extension request was submitted in the fall of 2019 but not approved until after a noticed public hearing on February 5, 2020. This second time extension requires all permits for the project to be issued by December 1, 2020. In 166
Honorable Mayor Mike Munzing
March 17, 2020
conjunction with submittal of its second time exte nsion request and in response to City Council comments on the first-time exte nsion request, BPM was responsiv e to a concern the City had previously expressed about the exterior elevations of the parking structure being constructed with the project. Consequently, a modified elevation design was also submitted and approved by the City on February 11, 2020 providing significantly al tered elevations for th e parking structure at what will be a significant cost to BPM, and an accommodation that no other parking structure has been required to make to date in the City of Aliso Viejo.
Through March 2020, BPM has performed substantia l work and incurred substantial costs and liabilities, including contractual obligations, in good faith reliance upon the combination of the Declaration, the Site Development Permit and Parking Exception Permit, as extended and modified to date, the Tentative Parcel Map and the Final Parcel Map. With the approval of the second extension, additional financial and contractual commitments were also required to be made for consultant support related to program management, completion of final design and construction documents which have resulted in commitment for the project totaling over $3.2 million dollars to date. All of these costs have been funded by BPM companies internally with the expectation that once building permits are ready to be issued, outside funding from the financial markets to finance the construction component of th e project will be obtained. Th ere are also estimated to be additional significant costs for the parking structure, and costs for the new office building.
Subject Ordinances
While BPM has met in the last few weeks at least twice with City staff and shared what we believe to be a reasonable schedule to obtain building permits, we remain concerned that there are many remaining steps that are not within our control, and with the significant financial commitments on the table, BPM seeks assurances from the City that these financial expenditures will not have been in vain. Therefore, BPM is now extremely concerned about the proposed Ordinances on the Aliso Viejo Agenda for March 18, 2020 as it affects future time extensions within the City of Aliso Viejo.
Notwithstanding “findings” inserted into the re solutions proposed for adoption of the Urgency Ordinance, none of such findings appear to be supported by evidence. There is nothing in the record for the proposed Urgency Ordinance or for BPM’s Polaris Place Project, that suggests completion of the project on the basis of existing rights would have any impact on public peace, health or safety, or are sufficiently necessary to the public welfare.
In review of original entitlement approval for the 6 Polaris Projec t, Condition #1 of Exhibit A of Resolution No. 2016-24 states as follows:
“… Pursuant to AVMC 15, 74.100 D upon applicatio n before expiration of the period of validity, the original decision-making authority may grant an extension of time for up to 1 year per extension if it finds that such extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision making authority. There is no limit on the number of extensions that may be granted.”
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Honorable Mayor Mike Munzing
March 17, 2020
It is BPM’s position that the above condition of the original entitlement provides BPM with the right to apply for subsequent one-year time extensions with no limit on the number of extensions.
Should BPM be unable to obtain permits by Dece mber 1, 2020, it is critical that BPM have the right to request an additional ex tension request given the specia l circumstances related to the Polaris Association original delays affecting the project, and reasons expressed in our second time extension request (high office vacancy rates in Aliso Viejo). Further with recent financial markets in disarray given the current corona virus pandemic, financing markets are expected to be further restricted and are expected to tighten up which could affect timing on any financing obtained in conjunction with building permit issuance for the project. Also, many professional business offices have been closed and workers are in self-quarantine which could dramatically impact the efficiency of getting construction plans completed and reviewed in adequate time to meet a December 1, 2020 deadline for permit issuance. As of March 16 th, President Trump indicated that
the crisis could extend through A ugust or later putting a significan t constraint on the economy.
This is not a time to disregard potential impacts of these circumstances on local Aliso Viejo businesses, like BPM and others.
Given the current pandemic and its effects on th e local and national business environments and also the severity of the damages to BPM should BPM not be permitted to complete the 6 Polaris Place Project, we urge you to table the two proposed time extension ordinances on tonight’s agenda. If there are other reasons for the ordinances that are not related to the 6 Polaris Project, then BPM would recommend amendment of the draft ordinance before its adoption, to delete the last sentence in subsection 2.1. of both ordinan ces as follows: “no more than two one-year extensions may be granted or conditionally granted.” and include provisions that would grandfather into the Ordinance, BPM’s right to apply for a future time extension tied specifically to the 6 Polaris Project and the language in Condition #1 of Exhibit A of Aliso Viejo City Council Resolution No. 2016-24.
BPM hopes that the City Council of the City of Aliso Viejo and its staff recognize the significant exposure, time and costs that BPM has incurred to date on the 6 Polaris Project and our continued willingness to produce a development which will have significant benefit to the City of Aliso Viejo and of which we can all be proud. We urge you to be reasonable and to take specific circumstances into account in light of your review and any action on the proposed ordinances designed to amend the Aliso Viejo Municipal Code related to permit expirations and time extensions on discretionary permits.
Sincerely,
J. Michael Vaughn
Enterprise Counsel Group, ALC
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City of Aliso Viejo
AGENDA ITEM
DATE: September 6, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Rose Rivera, Senior Planner
SUBJECT: A REQUEST TO INCREASE THE NUMBER OF DINING ROOM SEATS IN AN EXISTING RESTAURANT LOCATED AT 22912 PACIFIC PARK
DRIVE, SUITE B (TACOS DE BIRRIA ESTILO GUADALAJARA)
Recommended Action:
Adopt a Resolution approving a Conditional Use Permit to increase the number of seats to 40 in an existing restaurant located at 22912 Pacific Park Drive, Suite B (CUP-2023- 00012).
Fiscal Impact:
None.
Background:
On May 3, 2023, Jesus Serratos representing Tacos de Birria Estilo Guadalajara (“Applicant”) submitted a conditional use permit application to increase the seat count from 16 to 40 for an existing restaurant located at 22912 Pacific Park Drive, Suite B. The subject site has a zoning designation of Neighborhood Commercial (“CN”). Pursuant to Aliso Viejo Municipal Code (“AVMC”) Section 15.18.020, the CN zoning district permits restaurants with 16 seats or less. For restaurants with 17 or more seats, approval of a Conditional Use Permit (“CUP”) is required.
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Project Site Location Map
Discussion:
Conditional Use Permit
Pursuant to Municipal Code Section 15.74.040 Conditional and Administrative Use Permits, the following findings shall be made by the decision-making authority prior to the approval of a CUP.
1. The land use is consistent with the general plan and any applicable specific plan.
The existing restaurant use is consistent within the Neighborhood Commercial (“NC”) land use designation which permits “retail stores, restaurants, lodging, community facilities, personal services, business services, and financial services of a citywide or regional nature.” The proposed increase to the number of seatings does not change the permitted restaurant use and therefore, remains consistent with the general plan. Therefore, this finding can be made.
2. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan.
The Applicant proposes to increase the number of dining room seats from 16 to 40, within an existing restaurant. The parking requirement for the existing restaurant will not change as the City’s parking ratio is based on the gross floor area and no physical expansions are proposed. Existing uses in the commercial building currently include restaurants, an insurance office, a dental office, and personal service salons. In evaluating the parking requirements, staff considered the number of parking spaces for two parcels which is comprised of the retail inline building and the El Pollo fast food restaurant. Based on a parking analysis conducted for these two parcels and using the shopping center ratio of one space for 220 square feet, the number of required parking spaces is 79, and the shopping center provides 84 parking spaces.
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Additionally, no changes will be required to the existing Alcohol Beverage License from the State Department of Alcoholic Beverage Control as the approved serving area will remain the same. Therefore, this finding can be made.
3. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
Section 21084 of the Public Resources Code requires that the CEQA guidelines include a list of classes of project which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. The Class 1 exemption consists of the operation, maintenance, and permitting of public or private facilities involving negligible or no expansion of the use beyond that existing at the time of the City’s determination. The proposed request is to expand the number of seats within an existing restaurant with no expansion proposed to the square footage of the restaurant. Therefore, the proposed request is exempt from CEQA and this finding can be made.
4. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
The proposed increase in the number of seats for the existing restaurant would not create detrimental impacts to surrounding uses. No changes are proposed to the physical building, or the existing restaurant use and its operations. Additionally, the parking requirement remains the same. Furthermore, the existing restaurant does not have a record of any incidents or complaints regarding their current operations.
Therefore, this finding can be made.
Public Notice:
On August 24, 2023, a public hearing notice was published in the Laguna Niguel News and mailed to all owners of real properties and tenants within 300 feet of the subject real property.
Attachments:
1. Draft Resolution
2. Applicant Project Description Letter
3. Project Plans
4. Presentation
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RESOLUTION NO. 2023 -___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, APRROVING A CONDITIONAL USE PERMIT TO INCREASE THE NUMBER OF SEATS TO 40 IN AN EXISTING
RESTAURANT (TACOS DE BIRRIA ESTILO GUADALAJARA)
LOCATED AT 22912 PACIFIC PARK DRIVE, SUITE B (CUP-2023-00012) WHEREAS, May 3, 2023, Jesus Serratos representing Tacos de Birria Estilo Guadalajara (“Applicant”) submitted a conditional use permit application to increase the seat count from 16 to 40 for an existing restaurant located at 22912 Pacific Park Drive, Suite B; and WHEREAS, on August 24, 2023, a public notice of the public hearing was published in the Laguna Niguel News and mailed to all property owners within 300 feet of the subject site. No public comments were received in response; and WHEREAS, on September 6, 2023, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
Section 1: Determination of Recitals . The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.
Section 2: Approval of Project and Findings for Conditional Use Permit. In accordance with AVMC 15.74.040(C), the City Council hereby makes the following findings of fact and approves a conditional use permit (USE-2023-00012) to allow an existing restaurant to increase the number of dining room seats from 16 to 40, subject to the conditions set forth in Exhibit "A" and project plans set forth in Exhibit "B", both attached hereto and incorporated herein by reference.
1. Consistency with General Plan. The land use is consistent with the general plan and any applicable specific plan. The existing restaurant use is consistent within the Neighborhood Commercial (“NC”) land use designation which permits “retail stores, restaurants, lodging, community facilities, personal services, business services, and financial services of a citywide or regional nature.” The proposed increase to the number of seatings does not change the permitted restaurant use and therefore, remains consistent with the general plan. There is no specific plan applicable for this site.
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2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan. The Applicant proposes to increase the number of dining room seats from 16 to 40, within an existing restaurant. The parking requirement for the existing restaurant will not change as the City’s parking ratio is based on the gross floor area and no physical expansions are proposed. Additionally, no changes will be required to the existing Alcohol Beverage License from the State Department of Alcoholic Beverage Control as the approved serving area will remain the same.
2. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Section 21084 of the Public Resources Code requires that the CEQA guidelines include a list of classes of project which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. The Class 1 exemption consists of the operation, maintenance, and permitting of public or private facilities involving negligible or no expansion of the use beyond that existing at the time of the City’s determination. The proposed request is to expand the number of seats within an existing restaurant with no expansion proposed to the square footage of the restaurant.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed increase in the number of seats for the existing restaurant would not create detrimental impacts to surrounding uses. No changes are proposed to the physical building, or the existing restaurant use and its operations. Additionally, the parking requirement remains the same. Furthermore, the existing restaurant does not have a record of any incidents or complaints regarding their current operations.
Section 3. Filing of Notice of Exemption . The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project.
Section 4. Location of Documents. The administrative record for the Project is maintained at the City of Aliso Viejo, 12 Journey, Suite 100, Aliso Viejo CA 92656. The custodian for these records is the City Clerk.
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PASSED, APPROVED AND ADOPTED this 6th day of September, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 209
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 6th day of September, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
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EXHIBIT “A”
CONDITIONAL USE PERMIT (USE02023-00012)
CONDITIONS OF APPROVAL
1) Project Description. This approval is for an existing restaurant located at 22912 Pacific Park Drive, Suite B, to increase the number of dining room seats from 16 to 40.
2) Noise Standards. All facilities and associated equipment shall comply with the applicable provisions of the City's noise regulations as set out in AVMC Title 8. 3) Period of Validity. Approval of this permit would be valid for a period of two years from the effective date of approval of this permit. If building or other ministerial permits for the project are not issued within such period of time, the approval shall expire and shall therefore be null and void unless an extension is requested by the applicant prior to the expiration date and subsequently approved by the Director of Community Development.
4) Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit. 5) Compliance with Conditions. The Applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City staff for future governmental permits or actions on the project site. Failure to abide by and faithfully comply with any and all conditions attached to granting these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120.
6) Compliance with Administrative Use Permit. The Applicant shall comply with the conditions of approval for the previously approved Administrative Use Permit PA21-006 dated July 6, 2021.
7) Modifications. Modifications to the approved use shall be processed pursuant to AVMC Section 15.74.110.
8) Indemnification. The Applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials (appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively 'Actions'), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, 211
that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, Planning and Zoning Law, Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed the City shall have the right to approve, which approval will not be unreasonably withheld, legal counsel providing the City's defense, and that Applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The City shall promptly notify the Applicant of any action brought, and City shall cooperate with the Applicant in defense of the action.
9) Payment of Fees. The Applicant and Applicant's successors in interest shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with these conditions.
10) Permit in Effect. This approval shall not be effective for any purpose whatsoever until the Applicant signs the statement at the bottom of this letter to the effect the Applicant has read, understands, and agrees to these conditions of approval. 11) Revocation. This approval may be revoked by the Community Development Director if one or more of the conditions herein have been violated; the findings which were the basis for the original permit approval can no longer be made; the use has created a public nuisance; or other grounds as set in the AVMC. 212
EXHIBIT "B"
CONDITIONAL USE PERMIT (USE-2023-00012)
FLOOR PLAN
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Tacos De Birria Es�lo Guadalajara LLC
30251 Golden Lantern E-367
Laguna Niguel CA, 92677.
Date: May 1,2023
To whom it may concern,
The request for more seating at our facility is for a few reasons:
Taco de Birria Estillo Guadalajara is a special Mexican Restaurant for a few reasons one is our birria has secret sauce and we do fresh food daily, which gives it a real taste of fresh food right from our city to yours.
1. The previous business there went bankrupt because they did not have enough seating and it was too late for him to make changes. We have seen an increase in the previous tenant of clients and local businesses coming to us saying they like to sit and eat their meal, that they are happy that we have this available. We have told them we are going to the city now for a change and that the city has allowed us this privilege for now.
2. We are also working with Aliso Viejo Little League on and off the field to donate money and sponsorship we are now having team night for each team we are also working on Saturdays at the fields to raise money, all the families love our food and service and are grateful for all the funds we are raising for their children. We also have a deal in place with Dana Hills High School that we are having success in as well. We are working with the churches doing events. We just did 330 people for Calvary Chapel in Aliso Viejo and have helped many businesses in catering.
We hope that you can help us keep seating as a new floor plan attached. 215
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Tacos de Birria Estilo Guadalajara
22912 Pacific Park Drive, Suite B
Use-2023-00012 (Conditional Use Permit)
City Council
September 6, 2023
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Project Request
• Conditional Use Permit (“CUP”) request for an existing restaurant to increase the seat count from 16 to 40
• The CN zoning district outright permits restaurants with 16 seats or less • Restaurants with 17 or more seats require approval of a CUP 218
Project Location
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Floor Plan
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Staff Recommendation to City Council:
1.Open and conduct a public hearing;
2.Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
3.Adopt a Resolution approving Planning Application USE-2023-00012 for a conditional use permit to increase the number of dining room seats from 26 to 40 at 22912 Pacific Park Drive, Suite B.
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