Resolution Number 98-1-20-1291
RESOLUTION NO. 98-1-20-1
DENYING CONDITIONAL USE PERMIT 81-2 MODIFICATIONS -
GIDDINGS RANCH (LEWIS/SOUDERS DBA COTSWOLD TRUST)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT
MODIFICATION FOR PROPOSED ADDITIONS TO A SMALL-SCALE PRODUCE
STAND AT 28341 ORTEGA HIGHWAY (GIDDINGS RANCH/CONDITIONAL USE
PERMIT 81-2) (LEWIS/SOUDERS DBA COTSWOLD TRUST)
WHEREAS, Mr. Tom Lewis and Mr. J. Scott Souders, doing business as Cotswold
Trust, are owners of real property described as Assessor's Parcel Number 650-171-10 and located
at 28341 Ortega Highway, San Juan Capistrano, CA 92675; and,
WHEREAS, Mr. Souders has submitted an application to modify Conditions 42 and
#3 of Conditional Use Permit 81-2 through the removal of a central wall and the addition of a
prefabricated storefront; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review, of the Municipal Code and reviewed for compliance with the City's General
Plan, the City's Land Use Code, and the provisions of Conditional Use Permit 81-2; and,
WHEREAS, on November 12, 1997, the City's Environmental Administrator
reviewed the project pursuant to Section 15070 of the California Environmental Quality Act (CEQA)
and issued a categorical exemption, and otherwise complied with all applicable provisions of the
California Environmental Quality Act; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
Tuesday, December 9,1997, pursuant to City Council Policy and approved a resolution denying the
application to modify Conditional Use Permit 81-2; and,
WHEREAS, on December 18, 1997, the City Clerk received and filed an appeal of
the above Planning Commission action submitted by Tom Lewis and Scott Souders; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on Tuesday,
January 20, 1998.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed project does not comply with the applicable provisions of the
Land Use Code in that additions and alterations (i.e., the removal of a central wall and the installation
of a metal storefront) were performed to the fruit stand structure without approval of a Modified
Conditional Use Permit as required by Municipal Code Section 9-3.622 and Conditions #2 and #3
of Conditional Use Permit 81-2; and,
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2. The proposed project is not consistent with the spirit and intent of the original
Conditional Use Permit 81-2 (i.e., to maintain the property as a "small-scale produce stand") in that
installation of the storefront doors and removal of the central wall would effectively re-classify the
structure as a "package grocery" and promote an intensification of the existing commercial use by
facilitating the expansion of packaged food displayed beyond 10% of the floor area; and,
3. The proposed project does not comply with the existing conditions of approval
for Conditional use Permit 81-2 in that installation of storefront doors and removal of the central wall
were not approved by the Planning Commission, in conflict with Conditions #2 and #3 respectively.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby deny the Conditional Use Permit Modification application for this project
based on the above findings of non-compliance.
BE IT FURTHER RESOLVED, that, having made the above findings of non-
compliance, the City Council of the City of San Juan Capistrano does hereby require that the
applicant bring the existing Conditional Use Permit 81-2 into full compliance under the following
schedule:
1. Within 30 days from the date of this hearing, the windows, doors, and interior
wall shall be returned to consistency with the originally -approved plans.
2. Within this same 30 -day period, the applicant shall submit to the City a revised
floor plan (limiting packaged goods to not more than 10% of display area per the originally approved
floor plan) which shall be subject to the approval of the Planning Director.
3. The Planning Commission shall review Conditional Use Permit 81-2
approximately 30 days from this date, or their next regularly scheduled meeting, whichever is later,
to determine compliance with the above. If the Planning Commission determines that the property
and its operation are not in compliance with all applicable conditions of Conditional Use Permit 81-2,
they shall direct staff to set a noticed hearing, in accordance with the requirements of the Municipal
Code, for consideration of revocation of the Conditional Use Permit.
ATTEST:
CITY CLERI
PASSED, APPROVED, AND ADOPTED this 20th day of January, 1998.
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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. 98-1-20-1,
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting
thereof held on the 20th day of January 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Campbell and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: Council Member Hart
(SEAL)
CHERYL JO SON, CITY CLERK
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