Ordinance Number 832J/S
ORDINANCE NO. 832
AMENDING TITLE 9 OF THE MUNICIPAL CODE -
RESTAURANTS WITH DRIVE-THROUGH FACILITIES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SPECIFIC PROVISIONS OF TITLE 9, CHAPTER 3, SECTIONS 9-
3.304, 9-3.413, 9-3.414 AND 9-3.415 ESTABLISHING SPECIFIC
REGULATIONS FOR RESTAURANTS WITH DRIVE-THROUGH FACILITIES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findines.
WHEREAS, on January 20, 1998, the City Council adopted an interim urgency
ordinance that precluded processing of all development applications for restaurants with drive-
through facilities; and,
WHEREAS, said ordinance was extended for a period of an additional 10 months
and 15 days consistent with the provisions of the California Government Code Section 65858 in
order to allow a planning study to be prepared and recommendations to be formally considered by
the applicable decision-making bodies of the City; and,
WHEREAS, the Planning Services Department has prepared a report which
recommends precluding such uses from being permitted within the area defined as the Desien
Standards District (Section 9-3.507) of the Municipal Code and requires consideration of a
Conditional Use Permit for specified Districts located outside said Design Standards District; and,
WHEREAS, the Environmental Administrator has reviewed the proposed
amendment and has determined that it will not result in a significant impact on the environment and
has issued a Negative Declaration which has been certified by the City Council, and has otherwise
carried out all applicable provisions of the California Environmental Quality Act; and,
WHEREAS, the Ordinance is consistent with the goals, policies and objectives of
the San Juan Capistrano General Plan; and,
WHEREAS, the Planning Commission conducted a public hearing on December 8,
1998, and recommended that the City Council adopt the Ordinance; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on January 5,
1999 to receive and consider public testimony, either in favor of or in opposition to the proposed
amendment.
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SECTION 2. Amendment Text.
Based upon the findings set forth in Section I preceding, the following amendments
to the Municipal Code are hereby enacted:
A. Section 9-3.304, entitled "Specified uses requiring conditional use permits"
is hereby amended by adding sub -section (h) to read in its entirety as follows:
"(h) Restaurants with drive-through facilities are prohibited from all areas
within the Design Standards District as defined in Section 9-3.507 of this chapter.
Restaurants with drive-through facilities located in the CG (General Commercial), CM
(Commercial Manufacturing), PC (Planned Community) Districts outside the Design
Standards District may be permitted subject to approval of a Conditional Use Permit.
(i) The establishment of a proposed restaurant shall only be
considered if it is located in a master -planned commercial or business center with a minimum
site area of not less than five (5) acres per establishment with an overall maximum of two
per master -planned center.
(ii) All circulation to a specific establishment shall be internal to
the overall center. No direct access to a public street shall be permitted."
B. Section 9-3.413(d)(6) is hereby amended in its entirety to read:
"(6) Eating and drinking establishments (freestanding) without drive-through
facilities."
C. Section 9-3.414(b)(6) is hereby amended to read:
"(6) Restaurants, delicatessens, ice cream parlors;"
D. Section 9-3.414(d)(20) is hereby added to read:
"(20) Restaurants with drive-through facilities subject to the provisions of
Section 9-3.304(h)."
E. Section 9-3.415(b)(10) is hereby amended in its entirety to read:
"(10) Eating and drinking establishments such as restaurants, delicatessens,
ice cream parlors, cocktail lounges, and taverns. A conditional use permit shall be required
if live entertainment is to be provided."
F. Section 9-3.415(d)(24) is hereby added to read:
"(24) Restaurants with drive-through facilities."
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SECTION 3.
Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND
January , 1999.
ATTEST:
CITY CLERK.)
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ADOPTED this
GREINER, MA
19th day of
377
ME
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.
832 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on January s 1999, and adopted at a meeting
held on January 19 , 1999, by the following vote:
AYES: Council Members Jones, Hart, Campbell
and Mayor Greiner
NOES: Council Member Swerdlin
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNS09, CITY CLERK
in