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Resolution Number 00-1-18-4RESOLUTION NO. 00-1-18-4 INITIATING AMENDMENT TO TITLE 9 - RESTAURANTS WITH DRIVE-THROUGH FACILITIES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 9 OF THE MUNICIPALCODETO CONSIDER DELETION OF RESTAURANTS WITH DRIVE-THROUGH FACILITIES AS EITHER A PERMITTED OR CONDITIONAL USE WITHIN THE CITY WHEREAS, the City Council at their meeting of January 4, 2000 in considering a request for a proposed restaurant with a drive-through facility took public testimony on the agenda item as it regarded the public image of such uses as it related to the vision statement of the recently -adopted General Plan; and, WHEREAS, the City Council took an action to deny the above-mentioned request based upon a finding that the continued establishment of such land uses was not generally consistent with the community's desired image of a small town with abundant open space; and, WHEREAS, the City Council in light of the decision to deny such a land use, directed staff to prepare for their consideration a resolution that would initiate an amendment to Title 9 of the Municipal Code to formally study and consider the merits of deleting such a land use category from all zoning districts in the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby initiate an amendment study, consistent with the provisions of Title 9, Chapter 2, Article 3, Section 9-2,302, to consider the deletion of "restaurants with drive- through facilities" as either a permitted or conditional use within the City. In taking this action to initiate the process, individuals should not construe such action as either in favor of or in opposition to the future amendment language. The action to initiate the amendment study process provides a process where the merits of the proposed action can be fully disclosed and considered, including the conducting of public hearings before both the City's Planning Commission and the City Council. PASSED, APPROVED, AND ADOPTED this January , 2000. ATTEST: 2ALe� CITY CLE 18th day of -1- 113 114 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. on-1-1R_A adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th dayof .ran„a,-r 2000, by the following vote: AYES: Council Members Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) 22�1YL CHERYL JOH ON, ITY CLERK -2-