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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 Bit 141R,r"0 3 9) 7 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— / �I 4t.....�+.�^' t• •F, //'I / I F _ Sign Atur ems„ "fit ✓.�' U � 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 0 Conditional Use Permit 81-2 (Giddings) ATTEST: 40 BK 4 ? 60H 303 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. 0 4CO 98K 14glSops exit, if 1,1013NIV DOCUMENTARY IIY TAX ;�1=54.45= C", ;�i; - i;✓ er.r., zw iCl't N61.H5 CSG MAII. ,. .. .. +SSf ER TAXI 56.45..__ of BAa.. _ P �_�. Dr 1_ t.on Fed .d .alue V 1r m 1'l'1 N 1 In. ( I a 1'I'f 9 oc Sa a 'I a, NT 6 SA i (acsi .VI& ;yT DEED y ci ., . -.d • 1Pv d ,7J i*I, a: - .. ROi999E5, a married _ we - - and '_ « _. Vie_✓ -_- 1vanL eLc, AS "LNT TEI.VYrS .dtt: :". .?L- ran ct . -; an,e .tet, PARCEL _ _., -- s t _ -:-er 11 :c 2 ia�.'s.'ac.yo¢ Road, sumetiaMa kner., z -_-. V _-- - - As t, .ia.wa as said road as conveyed to Orange i lia2e t ;£ Deeds, Norm 58' 25' EaeC '.. e ..� .tAs i,: -:I'. _coe M1,th 23' 03' West 230.86 feet; [ -a r _�. e dire _ -.'a «.. :re les,, !,t North 3d' :5' West 20 feet fx e:;d . _ _ _,_ ...aI _rca e xd -x.xm Carl 4. Rat,'., and xLfe . 'lav ., ... ... _. ..t a ...-iic:a' Rec,rds; thence Seuth 39 deed• tlLerce S_:th 36' 55' East 24 a _ .. _1 .a_i along said center -i";C Vile portLO., i^,laded PARCEL .._..: e.i ;e- e_t : ._.. _ _ I ., ,. _1 3 .c .. 11, t., 1: bye deed From 21st, .93' in Sock 463, paga 33 «a_:, Ie{a'r. reVia,s. lase aiid tperete sail. to - - rr '- _ - _., valet_aL,i ran" chrc-Ig`. said lines a:.a la -.d d 1, Parcel 1,a11 as re- serced� . ... a ...._ txd .c- alt .ire . --I,a. -..I, ..rated rear .`.e _.. ..t r ,a -t 'c Iipce -. s. I , I .. ' , err i^.e r,t d i T i-nr rfl t � 2�i -vee tai c_ r . u' aL 'ear, !"+;'iY'3, a Iti t nni +et o a.i-o Eios _t'irtJ,' i - r.Ic"at -es, xcg t+. r, .prw :. s :: ay : rec Ruer•xp - �"fl Py R. fr,➢.F1es �;{11 1 li l.hVlA r .,Il. ,r Orat 1V1 i j h 11! I Orang• l.i't t 11 I" l • .1 ss X. B,e. up, Mary L. R, er 1, axd M. R. Ron 4 ,. '1. . I ,, x .i. - ,'•' f -F,.I t. tI � I Im y ,m� uAr ..0 l,rlKed �-ati� .,rig 1 rld d 0,.,.�� �.�f� v„t.,r, �i1 ('.Innu..Lm eynrc. 19. 4CO 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 r--XI1+)BIT "2)" -4- 4 0E -b 0 L L BK 14 16 0 PG L)kH I rl IT "G" 5 of 405 W)