Ordinance Number 790Im
ORDINANCE NO. 790
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PROCESSING
OF ACCESSORY USE PERMITS ALLOWING THE ON-SITE SALE OF
ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVICE IN
THE HISTORIC RESIDENTIAL DISTRICT OF THE LOS RIOS PRECISE
PLAN (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
1. Part 3, Section G(4)(b)(3) of the Los Rios Precise Plan requires businesses
to secure approval of an Accessory Use Permit in order to serve alcoholic beverages for on-site
consumption in conjunction with the serving of food.
2. The City has, over the last year, issued two Accessory Use Permits
requested in the Los Rios District.
3. City staff suggests that a proliferation in the issuance of Accessory Use
Permits would endanger the safety of pedestrians and residents through increased vehicular traffic
conflicts in the area as well as alter the historic character of the neighborhood.
4. California Government Code Section 65850 grants the City police power
authority to regulate land use activities including alcohol service, in order to protect and preserve
the public health, interest, and general welfare.
5. Pursuant to California Government Code Section 65858(c), the unmitigated
proliferation of commercial establishments serving alcohol represents a current and immediate
threat to the public health, safety and general welfare, and the approval of additional permits for
use would result in a threat to public health, safety, and welfare.
Pursuant to the findings set forth in Section 1, preceding, and pursuant to authority
granted under Government Code Section 65858, the City Council of the City of San Juan
Capistrano hereby imposes a moratorium on the processing of Accessory Use Permit applications
or any other local government approval allowing the serving of alcohol in conjunction with food
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service. The purpose of this moratorium is to allow the City to prepare and consider traffic
mitigation measures and land use standards related to the effects of alcohol service in a
concentrated historic residential area.
No exemptions are grated and any applicant with a pending Accessory Use Permit
application shall be subject to this moratorium
Pursuant to Government Code Section 65858, this Urgency Ordinance shall take
effect and be in force on the date of its adoption, and shall be of no further effect nor force forty-
five (45() days from its adoption. This Urgency Ordinance may be extended pursuant to the
provisions of Government Code Section 65090.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of
February 1997.
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DAVID M. S`W> DLIN, MAYOR
ATTEST:
CITY CLE
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M1
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 Ordinance
No. 790 which was adopted at a meeting of the City Council of the City of San Juan
Capistrano, California, held on February 18 1997, by the following vote:
AYES: Council Members Hart, Campbell and Mayor Swerdlin
NOES: None
ABSTAIN: Council Members Jones and Greiner
ABSENT: None
(SEAL) 02izz��CHERYL JO SO , CITY CLERK
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