Ordinance Number 806229
URGENCY ORDINANCE NO. 806
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PROCESSING
OF DEVELOPMENT APPLICATIONS FOR RESTAURANTS WITH DRIVE-
THROUGH FACILITIES, ADOPTED IN CONFORMANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65858(b) TO ALLOW A
PLANNING STUDY TO EVALUATE THE CUMULATIVE IMPACTS OF
DRIVE-THROUGH RESTAURANTS ON THE COMMUNITY BASED UPON
THE FINDINGS THAT SUCH MORATORIUM IS NECESSARY TO PROTECT
THE PUBLIC FROM A POSSIBLE IMMEDIATE THREAT TO THE PUBLIC'S
HEALTH, SAFETY AND WELFARE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFOl" IIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, California Government Code Section 65858(b) permits local
jurisdictions to establish development moratoriums for specified periods to conduct planning
studies on specific issues that may have an immediate impact upon the public's health, safety and
general welfare if such moratorium was not imposed; and,
WHEREAS, restaurants with drive-through facilities have been permitted as a
principal use in the CG (General Commercial) District for over 25 years, during which time only
four such applications were submitted, approved and constructed; and,
WHEREAS, the City of San Juan Capistrano received and processed three
development applications within the past 12 -month period that will be located adjacent to three
existing facilities at the primary entry to the historic downtown at Ortega Highway and Del Obispo
Street; and,
WHEREAS, the above streets at their intersection are currently operating at a
"Level of Service D" consistent with the Growth Management Element of the General Plan; and,
WHEREAS, restaurants with drive-through facilities are high generators of vehicle
trips in comparison to other general retail uses during specific periods of the day that may, due
to uncontrolled. turning movements affect through -vehicle trips at the above critical intersection;
and,
WHEREAS, upon the completion of construction of these new facilities, additional
vehicle movements will be created on said intersection during certain periods of the day such that
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congestion may be created and possible intersection improvements required in order to maintain
the required "Level of Service;" and,
WHEREAS, in addition to the vehicle impacts upon a critical intersection, a policy
issue has been identified regarding the proliferation of such land uses and the ability of the
community to support the number of establishments or does such use merely serve the regional
movement of vehicles between two larger urban centers inconsistent with intent and purpose of
the City's General Plan; and,
WHEREAS, under current provisions of the Municipal Code, additional
development applications could be submitted on properties in close proximity to both existing
businesses and establishments under construction. Such a situation could result in significant
cumulative adverse impacts which may affect the public health, safety and general welfare; and,
WHEREAS, the establishment of such land use results in a long-term commitment
of land. Unlike other types of retail commercial activities, this type of land use requires special
physical improvements that are necessary to support its unique automobile -related activities. To
ensure that such uses, at a scale greater than presently approved, can be adequately accommodated
with public support infrastructure, it is necessary to conduct a planning study. The purpose and
intent of the planning study is to determine if additional facilities should be considered, and if so,
are there any specific regulations that should be evaluated and imposed upon future development
applications to mitigate the potential cumulative impacts of this unique land use.
WHEREAS, based upon the above findings, it is necessary to establish a
moratorium on the processing of any future development applications for restaurants with drive-
through facilities due to the potential immediate threat to the public health, safety and r,ene,al
welfare.
Pursuant to the findings set forth in Section 1, preceding, and pursuant to authority
granted under Government Code Section 65858, the City of San Juan Capistrano hereby imposes
a moratorium on the approval of any development applications for new restaurants with drive-
through facilities.
No exemptions are granted and any pending development applications shall be
subject to this moratorium.
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Pursuant to Government Code Section 65858(b), 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 after its adoption. This Urgency Ordinance may be extended for an additional 22
months and 15 days subject to a four/fifths vote upon conducting a hearing 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 20th day of
January 1998. --
ATTEST:
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. 806, which was adopted at a meeting held on January 20, 1998, by the following
vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOFWSOX, CITY CLERK
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