Resolution Number 81-4-21-2RESOLUTION NO. 81-4-21-2 1
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:
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.
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2. This Conditional Use Permit approval shall apply
only to those plans specifically 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.
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.
8. 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.
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11. Interior parking areas shall be graveled and
oiled to prevent dust and shall be maintained to
the satisfaction of the City Engineer.
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:
ATTEST:
iso
AYES: Councilmen Friess, Buchheim,
and Mayor Schwartze
NOES: Councilman Hausdorfer
ABSENT: Councilman Bland
PHILLIP R. SCHWARTZE, MAYOR
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Lit STAVE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
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 ANNA ANOVER, 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 1081
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.
;C Ails
`MARY ANN N VEE R, City Clerk
San Juan Capistrano, California
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