Ordinance Number 815277
URGENCY ORDINANCE NO. 815
ESTABLISHING A MORATORIUM ON PROCESSING OF DEVELOPMENT
APPLICATIONS - TOURIST COMMERCIAL (CT) AND GENERAL
COMMERCIAL (CG) DISTRICTS (URGENCY)
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PROCESSING OF
DEVELOPMENT APPLICATIONS FOR GASOLINE STATIONS WITH MINI -
MARTS, CONVENIENCE STORES, POOL HALLS OR BILLIARD CENTERS,
COSMETOLOGY (BARBER AND BEAUTY) SCHOOLS, PAWN SHOPS,
CHECK CASHING SERVICES, AUTO PARTS AND SUPPLY, OFF-SITE
PREMISE SALES OF ALCOHOL, BINGO PARLORS, AND MORTUARIES
LOCATED IN THE CT (TOURIST COMMERCIAL) AND CG (GENERAL
COMMERCIAL) DISTRICTS, ADOPTED IN CONFORMANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65858(a) TO ALLOW A
PLANNING STUDY TO EVALUATE THE IMPACTS OF SAID LAND USES ON
THE COMMUNITY BASED UPON THE FINDINGS THAT SUCH
MORATORIUM IS NECESSARY TO RESPOND TO A POSSIBLE IMMEDIATE
THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findines.
WHEREAS, California Government Code Section 65858(a) 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, gasoline stations with mini -marts, pool halls or billiard centers,
cosmetology schools, pawn shops, check cashing services, auto part stores, bingo parlors, and
funeral parlors have been permitted as either a principal use or conditional use in the CT (Tourist
Commercial) and CG (General Commercial) Districts for over 25 years; and,
WHEREAS, the City of San Juan Capistrano received or is currently processing
several of the above land uses which if allowed to proceed may result in an over -concentration of
such uses and/or impacts of such uses which could create an image that is inconsistent with the
image of the City as envisioned by the General Plan; and,
WHEREAS, said uses or 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
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movements affect through -vehicle trips at critical intersections within the subject zoning districts;
and,
WHEREAS, upon the completion of construction of these new facilities, additional
vehicle movements will be created on said intersections during certain periods of the day such that
congestion may be created and possible intersection improvements required in order to maintain -the
required minimum "Level of Service" as designated by the Growth Management Element of the
City's General Plan; 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 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 uses result in a long-term commitment
of land. Unlike other general types of retail commercial activities, this type of land use requires
special physical improvements either to support its unique automobile -related activities or special
permits to ensure that such activities will not adversely affect other adjacent land sues. 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 these land uses; and,
SECTION 2. Establishing Moratorium on the Processing of Development
Applications for Specified Land Uses.
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 gasoline stations with a mini -
mart, pool halls or billiard centers, cosmetology schools, pawn shops, check cashing services, auto
parts stores, off-site premise sales of alcohol, bingo parlors, and funeral parlors located in the CT
(Tourist Commercial) and CG (General Commercial) Districts.
SECTION 3. Exemptions.
No exemptions are granted and any pending development applications shall be
subject to this moratorium.
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SECTION 4. Effective Date.
Pursuant to Government Code Section 65858(a), 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 forty-five
(45) days after its adoption. This Urgency Ordinance may be extended for an additional 10 months
and 15 days subject to a four/fifths vote upon conducting a hearing pursuant to the provisions of
Government Code Section 65090.
SECTION 5. City Clerk's Certification.
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
June 1998.
ATTEST:
CITY CLERK
AND ADOPTED this 2nd day of
GIL JON AOR
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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 Ordinance No. 815, which
was adopted at a meeting held on June 2, 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CtffRYL JOHASOWCITY CLERK
M