Ordinance Number 7931031
ORDINANCE NO. 793
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING ORDINANCE NO. 790 AND MAINTAINING A
MORATORIUM ON THE PROCESSING OF ACCESSORY USE PERMITS
FOR 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:
WHEREAS, 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; and,
WHEREAS, the City has, over the last year, issued two Accessory Use Permits
requested in the Los Rios District; and,
WHEREAS, 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; and,
WHEREAS, 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; and,
WHEREAS, 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 that approval of additional
permits for use would result in a threat to public health, safety and welfare; and,
WHEREAS, on February 18, 1997, the City Council of the City of San Juan
Capistrano adopted Ordinance No. 790, establishing a moratorium on the issuance of Accessory
Use Permits for the on-site sale of alcoholic beverages in the Los Rios Historic District per
Section 65858 of the California Government Code; and,
WHEREAS, on March 18, 997, the City Council conducted a duly -noticed public
hearing to receive testimony, either in favor of or in opposition to the extension of the Interim
Urgency Ordinance consistent with the provisions of Government Code Section 75090.
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SECTION 2. Extension of Ordinance No. 790 and Maintepance of a
Moratorium on the AWroval of Accessory Use Permitsand
BuildinLy Permit Plans.
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 7nan
Capistrano does hereby extend Ordinance No. 790 thereby maintaining 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 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 granted 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 no force 22
months and 15 days from its adoption.
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
March 1997.
DAVID M. S,WERD` IR, MAYO L�—
F.VM-MW
CITY CLERK
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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 Urgency
Ordinance No. 793 which was adopted at a meeting held on March is
1997, by the following vote:
AYES: Council Members Greiner, Hart, Campbell and
Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
(SEAL) /
CHERYL JOHNSON/CITY CLERK
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