1981-0612_GIDDINGS , R/H_Agreement0
Recording Requested By
City of San Juan Capistrano
When recorded, return to:
40938
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
8K 14100PG
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION.6103
3961
Mary Ann anov r, City Clerk
San Juan Capistrano, California
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
Agreement Relating to -1 55 Pm JUL 29'81
Conditional Use of Real
Property (CUP 81-2) tFEA BRANCH, County Recorder
THIS AGREEMENT entered into as of the day of % 1981,
by and between the City of San Juan Capistrano, a General Law City,
hereinafter called "City", and Richard Giddings and Harrison
Giddings, hereinafter called "Owners".
WITNESSETH:
WHEREAS, the owners of certain real property located in the
City of San Juan Capistrano, County of Orange, State of California,
known as 28341 Ortega Highway and more particularly described in
Exhibit "A" attached hereto; and
WHEREAS, Owners have applied for and were granted a conditional use
permit to establish and operate a small-scale produce stand upon said
real property pursuant to Resolution No. 81-4-21-2, a copy of which
is attached hereto as Exhibit "B"; and
WHEREAS, real property, as a small-scale produce stand, has been
specifically restricted to the Owners, and use is, accordingly, to be
discontinued upon the sale or lease of said property.
NOW, THEREFORE, in consideration of the premises and the granting
of CUP 81-2, Owners, for themselves, their successors and assigns covenant
and agree that the use of the real property described in Exhibit "A" shall
be discontinued and terminate without any further action on the part of
either City or Owner upon the sale and/or lease of said real property
or any part thereof.
In witness whereof the undersigned have executed this agreement
as of the date first above written.
&&t7_
RICHARD GIDDING
r
-1-
HARRISON
••
State of California
SS.
County of Orange
City of San Juan Capistrano
OF7ANNHANOV�R
AL
.r`; MARERNOTARYFOR NinMy com20, 1984 1.
ULnLKAL AGKRVWLLUULMLRr fURM
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On this the 1 2f -h day of June 19 81 , before me,
the undersigned Notary Public, personally appeared
RICHARD GIDDINGS
known to me to be the person(o whose name( i a subscribed
to the within instrument and acknowledged that he,
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF SS.
W a On_ �Ld 1-. 1 3 t? before me,
x the undersigned, a Notar Public in end for said County and State,
OU personally appeared RLCum G 3 P Q 1YV6f
Uknown to me to be the person— whose name_ ! C
Gsubscribed to the within instrument, h A
x ,
and acknowledged to me that I'i subscribed the name -
2
W o{ NA-QR�SeN CZ DOtAlGS thereto as
'-r principal_ anown n e—
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Sign
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Name (Typed or Printed)
Notary Public in and for said County and State
G% s� v l/1 Com`
GEORGE CHADE
NOTARY FUBUC - CALIFORNIA
VRINCIP L OFFICE IN
ORANGE COUNTY
Ay rommission Exp. Jan. 30,1983
FOR NOTARY WEAL OR STAMP
I
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Conditional Use Permit 81-2 (Giddings)
ATTEST:
40
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Page 2
CITY OF SAN JUAN CAPISTRANO
BY
PHILLIP . SCHWARTZE, MAYOR
APPROVED AS TO FORM:
'PIES S. OKAZAKI, CITY TORNEY
STATE OF C1,11FOIItilA, ) 13K 14 1 E V F 399
3 COUNTY OF Orange
City of San Juan Capistrano ON� July 21
before me, the undersigned, a Notary Public in and for the snit State, persom!!y appa3red
Phillig R. Schwartze known to n:c to 6c the
Moor
of the City of San Juan Capistrano
Me volpv"Imn 1113t execute) th;: v.ilh.3 lnstrcanent, knmw! to m� to be tho persons :.ho
executed the erdhi.a !nslr¢a,cr:I, en hrl.'If of Ind Corperatien herein namod, ,rl ac!;ra r:cdl;ed
to me that saci� Curtrvation executed the within tnlrasicnt pursuant to its by-iaws or a
resolution of its bo3id of duecfors.
nFFtC1�>L SEAL WITNLSS my hand and ofiicni :cal.
- k1RRY A'CJ Ff:n,VOVER _ '
&7y comm. en;i: as : F,C 20,_I4E4
IV PuShc in and for ;aid Stile.
STATE OF CftIFOt:N1A,
C^UtiTl' OF Orange
City of San Juan Capistrano ON—
before
N before m^_, the undersigned, a Notary Pmhlic in and for the s:3iJ State, personahy app,wed
- i
Mary Ann Hanover t,nosn to me
OFFICTAL SEAL to be the Cityy�C��—lle�—r�k ofthe City of San Juan Capistrano
RUTH E MARQUARD Nhxnici�
�y a1 NOTARY PUBLIC • CALIFORNIA th MpnrJtion 1h31 executed 1110. c:it;ll l Intrument, t.nov.r to Ina to be the prrscn9 7;ho
ORANGE COUNTY executed ttrc rrifhin tnsiruntent, en bchelf of 'loo Cerpoiatwa herein n:uned, ord act %o %,! d,;ed
MY comm. expires MAY 23, 1994 to me that sucii Corporalion executed the wah:n lrstrunicrt pursuant to Its by iaws or 3
resolution of its board of directors.
WITNESS my hand and officiat seat.
Rotary tvalic in and luI Sal late.
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RWLUTION NO. 81-4-21-2 $K I POPO 401
APPROVING CONDITIONAL USE PERMIT 81-2 (GIDDINGS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 81-2, FOR A SMALL-SCALE
PRODUCE STAND
WHEREAS:
71
1. The applicant, Richard Giddings, 28341 Ortega
Highway, San Juan Capistrano, California, has
submitted an application for a Conditional Use
Permit to establish a small-scale produce stand
located at 28341 Ortega Highway.
2. The City Environmental Review Board has determined
that the proposed project will not have a significant
effect on the environment, has accordingly
issued a negative declaration for the project,
and has otherwise carried out all requirements of
the California Environmental Quality Act.
3. A public hearing has been duly noticed and held
to receive public testimony on the application.
4. The Planning Commission held a public hearing on
the item and due to a tie vote did not approve the
project.
5. The City Council does hereby find and determine as
follows:
a. The application is consistent with the goals,
policies and objectives of the General Plan.
b. The proposed land use is in conformance with
the provisions of Title 9 (Land Use) of the
Municipal Code.
C. The proposed land use is compatible with
existing and proposed uses within the immediate
vicinity.
d. The subject property is capable of accommodating
the proposed land use and its associated
development.
NOW, THEREFORE, BE IT RESOLVED, that based upon the
preceding findings, the City Council does hereby approve
Conditional Use Permit 81-2, subject to the following conditions:
1. This Conditional Use Permit shall become effective
on the effective date of Ordinance No. 421.
-1-
EXHIBIT "Q if
I of b
2.
$x 141O0Ps
Th Conditional Use Permit a oval shall apply
on to those plans specifica reviewed by the
Planning Commission. Final working drawings shall
be consistent with said plans reviewed by the
Planning Commission. The working drawings shall
be reviewed and approved by the Director of
Community Planning and Development prior to
building permit plan check to insure such
consistency.
3. The addition of any structures or equipment in
addition to those currently on the site or those
shown on the site plan made a part of this
Conditional Use Permit is prohibited, with the
exception of the restroom required by the Orange
County Health Department. Addition of any square
footage of space in connection with the relocation
of the refrigeration unit is prohibited.
4. Locally -grown fruits and vegetables are to be the
principal products for retail sale. Carbonated
non-alcoholic beverages, dairy products, fruit
and vegetable juices, dried fruit and nuts,
bread, pastries, preserves, firewood and flowers
may be sold incidental to the principal products.
5. The sale, display and storage of produce stand
related goodsshall occur entirely within the
perimeter of the stand structure, as identified on
Exhibit "A." Sales display and storage in
connection with the produce stand use shall be
prohibited within the existing house and barn
structure.
402
6. There shall be a maximum allowable sign area of 75
square feet, with final approval by the Director
of Community Planning and Development.
7. At no time shall noise eminating from the use
exceed 45 dB(A) decibels at the property line.
S. Valid building permits shall be secured for all
existing or proposed structures on site prior to
the commencement of sales operations.
9. Two entry and exit drives to the property from
Ortega Highway shall be constructed. The location,
design and paving materials shall be determined
by the City Engineer.
10. A fence shall be constructed along the east and
west property lines. A fence shall also be
constructed within the right-of-way for Ortega
Highway subject to the approval of an encroachment
permit. The location and design of the fence is
subject to review and approval by the Director of
Community Planning and Development prior to the
issuance of building permits or occupancy permits.
-2-
XH121T "f3"
2ot5
11. In0ior parking
oiled to prevent
the satisfaction
BK 1 60PG 403
areas shall Mpgraveled and
dust and shall be maintained
of the City Engineer.
to
12. Landscape plans for boundary areas shall be
reviewed and approved by the Director of Community
Planning and Development prior to the issuance of
building permits or occupancy permits.
13. The property owner shall enter into an agreement
to vacate the use upon sale or lease of the
property, unless said use is extended by the City
Council. Said agreement shall be executed prior
to the issuance of building or occupancy permits.
14. On-site preparation, service, or consumption of
food shall be prohibited, as well as on-site
consumption of produce or beverages. In addition,
amenities for service of food, such as chairs and
tables, shall be prohibited.
15. City staff shall be permitted to make on-site
inspections of the produce stand and storage area
during normal business hours.
16. Approval of the Conditional Use Permit shall be
reviewed in 6 months by scheduling on the
October 20, 1981, City Council Consent Calendar.
PASSED, APPROVED AND ADOPTED this 21st day of
April 1 1981, by the following vote, to wit:
AYES: Councilmen Friess, Buchheim,
and Mayor Schwartze
NOES: Councilman Hausdorfer
ABSENT: Councilman Bland
ATTEST:
ITY LE � ��-
-3-
P-eXHISIT92)"
3 of 5
S.TA4'E OF CALIFORN
,COUNTY OF ORANGE I
CITY OF SAN JUAN CAPISTRANO
)
ss.
.Bk
404
I, MARY ANN HANOVER, City Clerk of the City of San
Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing
is a true and correct copy of Resolution No. 81-4-21-2 , adopted
by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of
April 1 1981
(SEAL)
MARY ANN HANOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 4th day of May 19A1
she caused to be posted:
RESOLUTION NO. 81-4-21-2
being: APPROVING CONDITIONAL USE PERMIT 81-2 (GIDDINGS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 81-2, FOR A SMALL-SCALE
PRODUCE STAND
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
MARY
ANNYANOVER, City Clerk
San Juan Capistrano, California
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