Resolution Number 79-5-2-2233
RESOLUTION NO. 79-5-2-2
CONDITIONAL USE PERMIT 79-2 AND A.C. 79-5 (SWEENEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING CONDITIONAL USE
PERMIT 79-2 AND A.C. 79-5, A REQUEST TO
' ESTABLISH AN AUTO DEALERSHIP AND ACCESSORY
USES IN ACCORDANCE WITH THE COMPREHENSIVE
DEVELOPMENT PLAN OF THE ORTEGA PLANNED
COMMUNITY
WHEREAS, the applicant, Dave Sweeney, 535 North E1 Camino
Real, San Clemente, California, has submitted an application for
a Conditional Use Permit and Architectural Control in order to
establish an auto dealership with accessory uses for within the
Ortega Planned Community; and,
WHEREAS, the Environmental Review Board has reviewed
the project and determined that it may have a significant impact
on the environment and has further determined that the Environmental
Impact Report prepared for Rezone 78-1 (Ortega Planned Community),
does adequately address the possible impacts of the project, and
has otherwise carried out all applicable provisions of the
California Environmental Quality Act; and,
WHEREAS, the Planning Commission has conducted a public
hearing which was duly advertised and held to receive and review
public testimony on the application and has denied the application;
and,
WHEREAS, the applicant has appealed conditions to the
City Council; and,
WHEREAS, the City Council has held a duly advertised
public hearing to receive and review public testimony on the
appealed application.
NOW, THEREFORE, BE IT RESOLVED, that based upon the
following findings:
1. The Project has been designed to be compatible
withffuture uses in the area adjacent to the
project.
2. The application is generally consistent with the
goals, policies, and objectives of the General
Plan.
The City Council does hereby approve Conditional Use
Permit 79-2, subject to the following conditions:
1. This permit shall become null and void if the area
plan for Planning Section B of the Ortega Planned
Community is denied by the City Council.
' 2. This permit shall become null and void if A.C. 79-5
expires within the 12 -month approval period.
3. Building permits shall not be issued until the
area plan has been approved by the City Council.
4. All necessary right-of-way shall be irrevocably
offered to the City of San Juan Capistrano by
separate document.
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23.
5. The applicant shall enter into an agreement to
complete all public improvements for the project
as indicated on the debt limit report for
Assessment District 78-3, should said assessment
district fail, including access to Ortega Highway.
6. The irrigation facility of Capistrano Mutual Water
Company shall be protected and/or relocated if
necessary. Access rights to the facility shall be
provided.
The City Council does hereby approve A.C. 79-5, subject
to the following conditions: -
1. Outside freeway -oriented display of automobiles
shall be limited to nine vehicles.
2. Lighting standards for the project shall not
exceed 20 feet in height. The type, style, and
lighting plan are to be reviewed by the Architectural
Board of Review during final working drawing
review.
3. The City Council shall review and approve the
final landscape plan.
4. Final working drawings including site plan,
architectural elevations, landscape plans, sign
program, and lighting plans shall be approved by
the Architectural Board of Review prior to issuance
of building permits.
PASSED, APPROVED AND ADOPTED this 2nd day of
May , 1979 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
ATTEST:
KENNETH E. FRIESS, MAYOR
CITY LE
STATE 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. 79-5-2-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of
May 1 1979 .
(SEAL) �/�<z, ,/d�—
"MARY ANN H VF.R, CITY CLERK
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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 11th day of May 1979 ,
she caused to be posted:
RESOLUTION NO. 79-5-2-2
being: CONDITIONAL USE PERMIT 79-2 AND A.C. 79-5 (SWEENEY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
CONDITIONAL USE PERMIT 79-2 AND A.C. 79-5, A REQUEST
TO ESTABLISH AN AUTO DEALERSHIP AND ACCESSORY USES
IN ACCORDANCE WITH THE COMPREHENSIVE DEVELOPMENT
PLAN OF THE ORTEGA PLANNED COMMUNITY
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.
CHECK
ORD. NO RES. NO..__._...
Mayor has signed
._t-.... Clerk has signed
......... City Seal stamped
[-- I .... All blanks typed in
..Absent"
«Noes" ........ .v----------------------------------
.............. Typed in Official Recor Book
........ Posted to Classified Carsr
..._-------- Copies sent to...../..-�65 _ .., y.._ �.........
.............. Legal Publication ordered to be published
(date) ------ ............ .......... .....----..--'.............
No. Affidavits -----------------------------
No. Printed copies required .._.....
Remarks
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235
MARY ANN ONOVER, City Clerk
San Juan apistrano, California