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Council Set to Revoke Market's Permit

A judge and an appellate court have ruled that San Juan Capistrano leaders erred when allowing Mercado El Rey to open with insufficient parking.

The San Juan Capistrano City Council is set to revoke the permit for Mercado El Rey. Patch photo credit: Penny Arévalo
The San Juan Capistrano City Council is set to revoke the permit for Mercado El Rey. Patch photo credit: Penny Arévalo

The San Juan Capistrano City Council is set to revoke the permit for a popular Latino goods market Tuesday.

Last month, a state appellate court decided the city abused its discretion in approving Mercado El Rey on Camino Capistrano without sufficient parking. The ruling upheld a lower court decision from earlier this year.

“[A]ssuming no further order of the court or other stay is issued to extend the stay before the City Council's meeting, the City Council should formally comply with the [court] by vacating and setting aside the permit for tenant improvements issued to Mercado,” a staff report says.

The City Council meets 6 p.m. Tuesday at City Hall, 32400 Paseo Adelanto, San Juan Capistrano. 

Donna Fleming January 30, 2014 at 12:26 PM
This is a terrible blow to the business owner. They have opened a little well run market with fresh specialty items everyday. It always seems full of customers. It is clean and well run. Parking is a problem and I can see why neighboring businesses complained. Again, the city council used bad judgement in granting the permit to open the market at that location. If the Mercado had to move and to another location, the city council should pick up the tab. Of course this is us. The tax payers. Every time they screw up we have to pay.
george derby January 31, 2014 at 05:54 PM
Mark! You are spot on with a little added info. The court actually awarded the developer Scalzo $9Mil with interest plus costs. After waging a long and hard fought battle Scalzo, for some very generous reason, waived the interest portion provided the City start work on the project they tried to blackmail him into doing years ago. He gets the last laugh the way I see it. He got $6Mil he likely would have made had he been able to build and sell planned homes plus still owns the land. Now he is building, for sale, several homes. Hope he makes another $6Mil. Thanks to our leaders acting outside the insurance coverage afforded them San Juan Capistrano had to borrow the money to pay both the $6Mil judgement and complete the disputed site modifications. Been here since 1979 and City Counsel has always had some very self serving elected folks. Remember Gil Jones days - I believe the State ruled he couldn't vote anymore on anything impacting his downtown property value. Some things never change. Check out San Clemente's leadership. Great things going on there and how's this ------ they have a surplus of funds and reasonably priced water.
Scott February 01, 2014 at 12:36 AM
So as to a 'related' parking issue....what if an existing business does something to interfere/preclude their existing parking so there is a shortage? Im talking about the parking in the plaza where Union Bank is and they put in those Tesla Car Charging stations using up a huge part of the already crowded parking area. With the businesses in there--I try not to go to UBOC at lunch or on "payday" because the folks getting food in the plaza,(especially in delivery trucks) or doing banking park almost anywhere. Did they have to get some permit to install those? Just curious....
Jim S February 02, 2014 at 09:18 PM
GreenInOC- Donna is right; it isn't "the city" who will pick up the tab. The city isn't a person - the city is us taxpayers.
GreenInOC February 03, 2014 at 12:30 PM
@Jim S, if the citizens don't like how their money is being spent then they need to elect people that think will do a better job.

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