Resolution Number 93-7-6-2' RESOLUTION NO. 93-7-6-2
UPHOLDING APPEAL AND REVERSING PLANNING COMMISSION DECISION -
HOME OCCUPATION PERMIT AT 27401 ORTEGA HIGHWAY MVENS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING APPEAL AND REVERSING THE
DECISION OF THE PLANNING COMMISSION TO REVOKE A HOME
OCCUPATION PERMIT FOR A WHOLESALE NURSERY LOCATED AT 27401
ORTEGA HIGHWAY (STEVENS)
WHEREAS, the applicants, Leroy and Barbara Stevens, 27401 Ortega Highway, San Juan
Capistrano, california 92675, have submitted an application for a Home Occupation Permit to operate a
wholesale nursery at 27401 Ortega Highway within the Small Estate (ES) District; and,
WHEREAS, the issuance of a business license and Home Occupation Permit is a ministerial
action and therefore not subject to further environmental review, in accordance with the California
Environmental Quality Act (CEQA) 1970; and,
WHEREAS, the Planning Director determined that, as conditioned, a wholesale operation could
be established at 27401 Ortega Highway without any detrimental impacts to the surrounding residential
neighborhood; and,
WHEREAS, due to repeated violations of conditions of the Home Occupation Permit, the
Director of Planning for the City of San Juan Capistrano initiated proceedings for revocation of the Home
' Occupation Permit for a wholesale nursery; and,
WHEREAS, the Zoning Administrator, on April 1, 1993, considered testimony and written
correspondence in favor of and in opposition to the Director's recommendation to revoke the Home Occupation
Permit and revoked said permit; and,
WHEREAS, the permittees, Leroy and Barbara Stevens, submitted an appeal of the April 1,
1993, Zoning Administrator decision to revoke the Home Occupation Permit, and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on May 11,
1993, to consider testimony and written correspondence from persons both in favor or and in opposition to the
appellant's request and adopted Planning Commission Resolution No. 93-5-11-1 denying said appeal; and,
WHEREAS, the permittees, Leroy and Barbara Stevens, submitted an appeal of the May 11,
1993, Planning commission decision to revoke the Home Occupation Permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby reverse the Planning Commission's action to revoke the Home Occupation Permit issued
to Barbara and Leroy Stevens for a wholesale nursery at 27401 Ortega Highway and modifies said permit subject
to the following conditions:
1. Sales of plant materials and/or other merchandise to the general public are permitted.
2. Hours of operations shall be limited from 8:00 a.m., to 5:00 p.m., daily.
3. The present use shall be allowed to continue in its operation for an interim period of
time, until the zoning district is changed to permit it as a principle permitted use.
Application for said district change is to be submitted within 60 days of this action.
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BE rr FURTHER RESOLVED, that the Planning Department is hereby directed to evaluate
the most appropriate district and development standards that would permit a retail nursery and restrict other
retail commercial uses not associated with a nursery operation and process the applicant's request for such a
change in land use.
PASSED, APPROVED, AND ADOPTED this 6th day of July
1993.
,:GILJ OR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, 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. 93-7-6-2
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 6th day of July , 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell,
Vasquez and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CERYL JOHNSON-,X1TY U- RK
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