Resolution Number 90-1-2-1RESOLUTION NO. 90-1-2-1
DENYING APPEAL OF CAPISTRANO COLLECTION PROJECT (ROMER/GRESHAM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE
PLANNING COMMISSION APPROVAL OF THE CAPISTRANO
COLLECTION PROJECT (GRESHAM-COASTSIDE, ARCHITECTURAL
CONTROL 89-02) (ROMER)
WHEREAS, the Gresham-Coastside Capistrano Collection project
(Architectural Control 89-02), a commercial project of approximately 26,000 square feet
to be located on the south side of Ortega Highway next to the existing Forster Mansion,
was approved by the Planning Commission on October 24, 1989; and,
WHEREAS, a neighboring property owner, Mr. Francis C. Romer, P.O. Box 520,
San Juan Capistrano, CA, has appealed the foregoing Planning Commission approval,
contending that the required access to neighboring parcels had not been provided; and,
WHEREAS, a public hearing has been duly advertised in the Capistrano Valley
News and held to receive and review public testimony on the appeal; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
1. The subject project satisfies the requirements of Resolution No.
88-12-6-1 to provide vehicular and pedestrian access from the
subject property to the adjoining property, in that the subject
project provides an access -way to Assessor's Parcel No.
666-241-02, and all four adjoining parcels are in common
ownership to wit, title to the four adjoining parcels is held by
Francis C. Romer.
2. The Easement Deed provides access to Assessor's Parcel Nos.
666-241-01, 666-241-04 and 666-241-05 through its access
easement from Ortega. Highway to Assessor's Parcel No.
666-241-02 on the subject site.
3. The subject plans do provide for an access easement that is in
alignment with the Easement Grant Deed, with the exception of
the driveway entry point at Ortega Highway, which is misaligned
slightly to the west.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby deny the appeal of Architectural Control 89-02 based
upon the above -stated findings and confirms the Planning Commission approval of the
project and the accompanying amendment to the Ortega Planned Community area plan.
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002
BE IT FURTHER RESOLVED, that the developer shall provide a vehicular and
pedestrian access easement, to be approved by the City Attorney, to Assessor's Parcel
666-241-05.
PASSED, APPROVED, AND ADOPTED this
of January , 1990.
2nd
GARY L. AUSDORFER, MA)*R
ATTEST:
CITY CLEFX
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day
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. 90-1-2-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 2nd day
of January 1990, by the following vote:
AYES: Councilmen Schwartze, Buchheim, Bland and
Nayor Ilausdorfer
NOES: Councilman Friess
ABSENT: None
(SEAL)
MARY A NOV R, CITY CLERK
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