Council: Outdoor Music Allowed at Winery until 10 p.m.

Amplified music will be allowed at a new winery now under construction in downtown San Juan Capistrano, the City Council decided Tuesday, but will have to move indoors by 10 p.m.

Nearby residents in the Los Rios Historic District and some local businesses had appealed an October Planning Commission approval which would have allowed amplified music until midnight daily.

“Unfortunately the code doesn’t distinguish between ambient music and a rock concert,” said Eric Altman, who owns the Verdugo Street property across from the Regency where the Rancho Capistrano Winery is now under construction. City laws don’t even differentiate between indoor or outdoor music, he said.

Regardless, winery owner Kyle Franson promised there would be no rock concerts.

“We’re not an amphitheater, that’s not who we are,” he said.

Phil Schwartze, representing the doubtful neighbors – including Five Vines Wine Bar, Rok Prime, Sarducci’s, Stephen Rios and John Q. Humphreys, owner and resident at the Ramos House Café – said he had been in recent negotiations with Franson and Altman. All they want is a sound test after construction is complete to make sure the music isn’t too loud.

“No one really knew what was going to happen with music,” he said, noting that sound was one of the concerns that shut down Forster Mansion as a wedding venue.

But Nelson Miller, interim director of community development, said conditions for the permit should be issued now, not after construction is completed.

He added that the city already has a noise ordinance in place to ensure the volume does not get out of control.

The council voted 4-0 to allow amplified outdoor music until 10 p.m. and indoors to midnight. Councilman John Taylor could not consider the matter because he lives too close to the winery.

Several other business owners and residents spoke in favor of the winery’s efforts to provide music for special events.

Longtime resident Dennis Sommers said the freight trains are much louder than any music coming from the winery will be.

“Allow us townspeople to be innocent until proven guilty,” said Monica Mukai, who owns the new Los Rios General Store gift shop and the property where the Hummingbird House Café is located. “Allow each property and business owner a level playing field with equal opportunity. … We want to see business, residents and property owners to all live in harmony together.”