Resolution Number 99-7-6-3225
RESOLUTION NO. 99-7-6-3
DENYING APPEAL - CHEVRON PRODUCTS COMPANY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING
DIRECTOR'S DETERMINATION FILED BY CHEVRON PRODUCTS
COMPANY
WHEREAS, Chevron Products Company ("Developer") has filed an appeal of the
Planning Director's ("Director") determination regarding the completeness of a development
application by Developer to fully reconstruct an existing service station at the location of Del Obispo
and Camino Capistrano within the City; and,
WHEREAS, the appeal came on for hearing before the City Council on June 15,
1999; and,
WHEREAS, the City Council has carefully considered the staff report presentation
and the Developer's appeal and oral presentation on June 15, 1999.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano that said appeal is hereby denied on the following grounds:
1. The staff report materials demonstrate that in January, 1998, the Planning
Department received a development application from Developer to reconstruct a service station on
the subject parcel, and that by the end of January, 1998, Developer was advised in writing that the
application was incomplete for three stated reasons. One missing element of the application was the
Developer's failure to comply with the zoning Historic Depiction Program.
The staff report represents that at no time did the Developer satisfy the Historic
Depiction Program requirement following the City's January written notification of application
incompleteness to Developer.
During the appeal hearing, Developer's representative did not present any evidence
demonstrating that Chevron, in fact, submitted any information at all with respect to this mission
application element.
Therefore, the City Council finds and determines that the development application
was not complete.
2. The City Council further finds that the City's land use and zoning title of the
Municipal Code prohibited new service station construction under Municipal Code Section 9-3.624,
and, therefore, the existing service station use at this parcel was and is a nonconforming use. The
development application was, in fact, barred by the prohibition of the establishment of new service
station construction when it was submitted. This fact was made known to Developer in January
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1999. This development application may not be processed because of this prohibition. an exception
process relating to nonconforming uses is procedurally available to Developer pursuant to Municipal
Code Sections 9-1.301, et seq.
The staff report dated June 15, 1999 is incorporated herein by reference in support
of these findings and conclusions.
PASSED, APPROVED, AND ADOPTED this 6th day of
July ,1999.
ATTEST:
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CITY CLEIW
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JO�N GREINER, MAYOR
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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.
99-7-6-3 adopted by the City Council ofthe City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of July 1999, by the
following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO S(A, CITY CLERK
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