Resolution Number 99-4-6-4097
RESOLUTION NO. 99-4-6-4
DENYING REZONE 98-5 WITHOUT PREJUDICE
(THE OLSON COMPANY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING REZONE 98-5 AND RELATED LAND
USE ENTITLEMENTS (THE OLSON COMPANY)
WHEREAS, Rezone 98-5, Tract Map 15771, Architectural Control 98-10, proposing
a 28 single-family residential development at the location of the southeast corner of Rancho Viejo
Road came on for public hearing on March 16, 1999; and,
WHEREAS, this land use proposal proposes the significant land use redesignation
of the property from an office commercial use to a single-family use; and,
WHEREAS, the City Council took public testimony concerning these entitlements
from the subdivider and members of the public; and,
WHEREAS, the City Council has thoroughly considered the application and all
public testimony.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1.
Rezone 98-5 is hereby denied without prejudice. The City Council finds that the
proposed project is generally too dense and presents an overall massive appearing effect for this
particular parcel of land in relation to the neighboring area. The project would require the use of 7 -
foot -high walls which would contribute to the massive and dense appearance of the project.
Sufficient open space is not provided in and about the project in the opinion of the City Council. the
tract map and Architectural Control 98-10 are also denied on the basis that the rezone application
is denied.
SECTION 2.
The City Council further finds that the Applicant is free to file a revised application
to be processed before the Planning Commission and City Council without being required to pay any
further planning processing fees. However, the City Council further advises that this privilege in no
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manner guarantees or is intended to limit the City Council's legislative discretion in approving,
conditionally approving, or denying future revised applications.
PASSED, APPROVED, AND ADOPTED this 6th day of
April 11999.
ATTEST:
CITY CLEFAI
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GREINER, MA
099
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, 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.
99-4-6-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of April 1999, by the
following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO 09, CITY CLERK
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