PC Resolution-11-09-13-01PC RESOLUTION NO. 11-9-13-1
REVOCATION OF CONDITIONAL USE PERMIT 08-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT 08-011, A
WEDDING AND SPECIAL EVENT VENUE ON A 0.6 ACRE SITE AT 27182 ORTEGA
HIGHWAY AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL
NUMBER 666-241-09 (FORSTER MANSION EXCLUSIVE EVENTS)
Whereas, on November 17, 2008, Arpi Evans submitted a request, which
was deemed complete on June 17, 2009, for approval of a Conditional Use Permit to
allow an outdoor wedding and special event facility in the grounds of the historic Forster
Mansion on property located at 27182 Ortega Highway, San Juan Capistrano, CA
92675, which is designated General Commercial on the General Plan Land Use Map
and classified as PC (Ortega Planned Community, Sector A-1 Commercial) on the
Official Zoning Map; and
Whereas, on July 28, 2009, the Planning Commission conducted a duly -
noticed public hearing, pursuant to pursuant to the provisions of Title 9, Land Use Code,
Sections 9-2.317 and 9-2.302(f), to consider public testimony on the proposed project,
considered all relevant public comments, and approved CUP 08-011; and
Whereas, on August 3, 2009, Cameron and Pierre Grenier (represented
as of September 1, 2009, by The Law Offices of Benjamin T. Benumof, Ph.D, Esq.) filed
an appeal of the Planning Commission's approval of CUP 08-011; and
Whereas, on September 15, 2009, the City Council conducted a duly -
noticed public hearing, pursuant to the provisions of Section 9-2.335 of Title 9, Land
Use Code, Administrative Policy 409, and Planning Department Policy 510, to consider
the project de novo and hear public testimony and approved CUP 08-011 for six
months; and
Whereas, on November 3, 2009, the City Council discussed the status of
CUP 08-011, and directed staff to schedule a public hearing for consideration of CUP
08-011; and
Whereas, on November 17, 2009, the City Council conducted a duly -
noticed public hearing on, pursuant to the provisions of Section 9-2.335 of Title 9, Land
Use Code, Administrative Policy 409, and Planning Department Policy 510, to consider
the project de novo and hear public testimony, approved CUP 08-011 subject to findings
and modified conditions of approval, and directed staff to forward a resolution reflecting
said approval for City Council action; and
Whereas, on December 1, 2009, the City Council considered said
resolution and adopted Resolution No 09-12-01-04, approving CUP 08-011 subject to
findings and modified conditions of approval; and
Draft PC Resolution 11-9-13-1 2 September 13, 2011
Whereas, on August 23, 2011, the Development Services forwarded CUP
08-011 to the Planning Commission for a periodic review pursuant to the provisions of
Title 9, Land Use Code, Sections 9-2.317(1); and
Whereas, on August 23, 2011, the Planning Commission determined there
was sufficient evidence to warrant a full examination of CUP 08-011 at a public hearing
and directed staff to set a public hearing on September 13, 2011 for the purpose of
considering revocation or modification of CUP 08-011 and whether the use of the
property is in compliance with the conditions of approval or presents a nuisance; and
Whereas, on September 13, 2011, the Planning Commission conducted a
duly -noticed public hearing pursuant to the provisions of Title 9, Land Use Code,
Sections 9-2.317(m) and 9-2.302(f), to consider public testimony on the proposed
revocation or modification and has considered all relevant public comments; and
Whereas, the Planning Commission reviewed all the evidence for the
purpose of considering whether to revoke or modify CUP 08-011, pursuant to the
provisions of Title 9, Land Use Code, Section 9-2.317(m).
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings:
The applicant or successors in interest has not complied with one or more of the
conditions of approval of the permit, or approval requirements, because there is
substantial evidence in the record of the applicant's violation of Conditions 2, 8,
14, 15, 16, 20, 22, 24, 25 or 27 of CUP 08-011 over the past 18 months.
2. The use is detrimental to the public health or safety or is a nuisance because:
A. Pursuant to San Juan Capistrano Municipal Code Sections 9 -1.201(a) -(c),
any use of property contrary to any provisions of the land use code or any
condition of a conditional use permit is unlawful and a public nuisance.
B. Pursuant to San Juan Capistrano Municipal Code Section 9-2.401(a), the
use of property in a manner that is not in compliance with a conditional
use permit, "including but not limited to anything which is injurious to
health or offensive to the senses or which obstructs the free use of
property or endangers property so as to interfere with the comfortable
enjoyment of life or property by any number of the citizens of the City," is
considered a nuisance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby revokes CUP 08-011.
EFFECTIVE DATE & FINAL APPROVAL: This revocation shall become
effective following expiration of the fifteen (15) day appeal period without filing of an
appeal application. The appeal period shall expire at 4:30 p.m., Wednesday, September
28, 2011.
Draft PC Resolution 11-9-13-1 3 September 13, 2011
PASSED, APPROVED AND ADOPTED this 13th day of September, 2011, by the
following vote, to wit:
AYES: Commissioners Kerr, Nunn, Parkhurst, Ratcliffe and Chairman
Sheldon Cohen
NOES: Commissioner Williams
ABSTAIN: None
ABSENT: Commissioner Neely
Shel&66 Cohen, Chairman
-�'04e&t,
William A. Ramsey, AICP, Principal an er
Secretary