Ordinance Number 748121
ORDINANCE NO. 748
ESTABLISHING MORATORIUM - CERTAIN DEVELOPMENT APPLICATIONS
WITHIN GENERAL COMMERCIAL DISTRICT (URGENCY)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A MORATORIUM ON APPROVAL OF CERTAIN DEVELOPMENT
APPLICATIONS WITHIN THE GENERAL COMMERCIAL (CG) DISTRICT OF THE
CITY (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Intent.
The City Council finds and determines that a defining objective of the General Plan and underlying
growth philosophy is to preserve the present character of a small self-contained, village -like community. Certain land uses
currently enabled by the zoning ordinance may be contradictory to that philosophy and, therefore, it is necessary to
undertake a zoning study to consider revision of the zoning ordinance to bring it into consistency with the General Plan
SECTION 2. Findings.
A. The General Plan Background Materials duly adopted by the City Council direct that industrial -
related commercial uses should be allocated to industrial areas.
B. City Municipal Code Section 9-3.414, General Commercial (CG) District, allows industrial -
related commercial uses and is therefore potentially inconsistent with the General Plan and constitutes an immediate threat
to the public health, safety and welfare of the community if such uses are established during the period of study of the
issues fully by the public due to their individual operational characteristics upon other principal uses identified for the
General Commercial District.
C. This interim Ordinance shall be effective on the date of its adoption pursuant to Government
Code Section 65858 and shall be of no further force and effect 45 days from the date of its adoption.
SECTION 3. Moratorium on Development Application Approvals Within
the General Commercial (CG) District.
Pursuant to the findings set forth above, the City Council hereby imposes a moratorium on the
processing of development approvals for car wash, tine/muffler/brake shop, linen and diaper supply, pest control services,
computer and data processing centers, recreational uses, automobile service stations, convalescent and nursing homes,
hospitals, pottery and ceramics manufacturing, swimming schools, commercial swimming pools, and drive-in theaters
within the General Commercial District during the period of a zoning study to determine consistency of uses with the
General Plan.
SECTION4. Exemptions.
Applications submitted prior to this date shall be exempted from the provisions of this Ordinance.
SECTION 5. Effective Date.
This Urgency Ordinance shall take effect and be in force on the date of its adoption.
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SECTION 6. Citv 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 AND ADOPTED this 7th day of June 1994.
ATTEST:
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 fiat the foregoing is a true and correct copy of Ordinance No. 748 which was adopted at a meeting
of the City Council of the City of San Juan Capistrano, California, held on June 7 '1994,
sby the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
10,
CIIERYL JO SON, ITY CLERK
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