Ordinance Number 971ORDINANCE NO. 971
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING CODE AMENDMENT (CA) 09-02 (AMENDING
VARIOUS SECTIONS OF TITLE 9, LAND USE) RELATING TO LAND
USE STANDARDS FOR COMMERCIAL BUSINESSES WITH DRIVE-
THROUGH FACILITIES
WHEREAS, on .July 21, 2009, the City Council initiated a code amendment
regarding land use standards for businesses with drive -up convenience windows
contingent upon receiving an application requesting a convenience window to fund a
portion of the code amendment costs; and
WHEREAS, the San Juan Capistrano Municipal Code is silent on the regulation
of the convenience windows; and,
WHEREAS, the City removed all drive-through references from the land use
code in 2002 during a land use update and it is the policy of the City that land use not
identified in the code is not permissible ; and,
WHEREAS, seven Conditional Use Permits (CUPs) have previously been
approved by the City prior to 2002, and Ordinance No. 832 established regulations for
drive-through facilities in General Commercial, Commercial Manufacturing, and Planned
Community zoning districts outside of the Design Standards Overlay District; and,
WHEREAS, it is the City's goal to encourage and facilitate economic
development, and provide convenient services to residents and businesses; and,
WHEREAS, with this Municipal Code Amendment to allow drive-through facilities
as permitted uses in the Commercial, Industrial and Planned Community Districts,
subject to the approval of a Discretionary Use Permit (DUP), the City Council will retain
the ability to review each drive-through proposal on a case-by-case basis, notice public
hearing and environmental review, including any required studies, and can determine
the appropriateness of the proposed land use, and can impose conditions to mitigate
any potential environmental impacts; and,
WHEREAS, staff has prepared a draft amendment to regulation Title 9, Chapter
3, Article 5, entitled "Section 9-3.512: Drive-through facilities" of the Municipal Code.
NOW THERFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Page 1 of 18
.qFC.TEC)N 1
Title 9, Chapter 2, Article 3 entitled "Development Review Procedures" is
amended to include Subsection 318, entitled "Discretionary Use Permit" below:
(a) Purpose and intent. Chapter 3 (Zoning Districts and Standards) of this title
contains listings of land uses that are permitted within the various zoning districts
upon approval of a discretionary use permit (DUP). Such uses require approval
of a DUP for their establishment because, although such uses may be deemed
consistent with the purpose and intent of the district, they typically have
characteristics that require special regulation in order to avoid or minimize
potential adverse impacts on surrounding properties. Therefore, each such
proposed discretionary use shall be reviewed individually to determine whether
the subject land use should be permitted at the particular location proposed and
what special conditions should be placed on the establishment and operation of
an approved discretionary use permit. The discretionary use permit process is
intended to provide an opportunity for public review and evaluation of site-
specific requirements and characteristics; to provide adequate mitigation of any
potentially adverse impacts; and to ensure that all site development regulations
and performance standards are provided in accordance with this Land Use Code.
In addition, the discretionary use permit provides a means of monitoring
compliance with conditions of operation that may be applied to the use in order to
protect public health, safety, and welfare, and to ensure compliance with the
General Plan.
(b) Applicability. Only those uses listed in the District Regulations of Chapter
3 Zoning Districts and Standards of this title as permitted discretionary uses or
those uses added to such listing by "determination of use" (ref. Article 2 District
Regulations: General Provisions of Chapter 3 of this title) may be approved
within a given district by means of a DUP. No person shall undertake, conduct or
use, or cause to be undertaken, conducted or used, any development projects
that require a discretionary use permit, without having first complied with the
provisions of this section.
(c) Discretionary use permit review process.
(1) Applications for discretionary use permits may be filed with
the Department of Planning Services by a record owner of
the property in question or by the owner's authorized agent.
The Planning Director shall prescribe the form of application
and the supporting information required to initiate both
environmental review (pursuant to Article 2 Environmental
Review Procedures of Chapter 2 of this title) and the
Discretionary Use Application review. A preliminary
development review meeting between city staff and the
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applicant may be conducted prior to the filing of the formal
application, pursuant to Section 9-2.301(c).
(2) Each applicant for a DUP shall submit information deemed
necessary to complete environmental review and the
consideration of the application itself, along with the required
fee or deposit as established by City Council resolution. The
application shall be accompanied by the required number of
site plan maps, floor plans, elevations, and other
documentation on site conditions as required by staff to
review the proposal.
(3) Once an application is received by the Department of
Planning Services, the application will be reviewed for
completeness and processed pursuant to the timelines
established in Section 9-2.301.
(4) Prior to formal review, the City Council shall review the
application pursuant to Section 9-2.301(c). Thereafter, the
Design Review Committee shall review and make
recommendations to DUP applicants on the design of
projects for compliance with the goals and policies of the
City's General Plan Community Design Element and
adopted architectural design guidelines and other policies
regarding the design of projects that are processed in
accordance with Title 9, Chapter 2, Article 2, Section 9-2.313
of this Code. The Transportation Commission shall study
and make recommendations to the Planning Commission on
matters related to the proposed DUP, including public
transportation, traffic regulations and standards for parking,
vehicular and public safety in accordance with Title 2,
Chapter 2, Article 8, Section 2-2.803. The Planning
Commission shall consider the proposed DUP noticed public
hearing pursuant to Section 9-2.302(f). The Planning
Commission shall adopt a resolution recommending final
action on the DUP to the City Council, including findings
supporting their recommendation.
(5) The City Council shall consider the proposed DUP at a
noticed public hearing pursuant to Section 9-2.302(f). The
City Council may approve, deny, or modify the proposed
DUP application.
Page 3 of 18
(6) Following the denial of an application for a DUP, an
application for the same or substantially same application
shall not be accepted within one year of the date of denial,
except as initiated by the City Council.
(d) Findings. Prior to taking an action to approve or recommend approval of a
DUP, the reviewing authority shall find that all of the following findings can be
made:
(1) The proposed use and design are consistent with the maps
and policies of the General Plan;
(2) The proposed use and design are consistent with the
purpose, intent, and standards of the Land Use Code and
any applicable specific plan or comprehensive development
plan, except as otherwise approved;
(3) The site for the proposed use is adequate in size and shape
to accommodate all yards, open spaces, setbacks, walls and
fences, parking and loading areas, fire and building code
considerations, trash and recycling enclosures, and other
features pertaining to the application;
(4) The proposed use and on-going operation of the use are
compatible with abutting properties and the permitted uses
thereof, and will not generate excessive light, noise,
vibration, odors, visual blight, traffic, or other disturbances,
nuisances, or hazards; and
(5) The site for the proposed use has adequate access and
parking to support the use.
(6) The proposed use provides sufficient economic value and
convenience to the community to justify approval of a
discretionary use permit such as community investment, job
creation, increase in sales taxes collected, or increase in
customer convenience.
(e) Conditions of approval. In granting any discretionary use permit, the
reviewing authority shall affix those conditions that it deems necessary in order to
safeguard the public health, safety and general welfare of the district and to
ensure compliance with the General Plan. Where the proposed use, adjacent
land uses, environmental effects or limitations, topography, or traffic circulation is
found to so require, the reviewing authority may establish more stringent
regulations than those otherwise specified for the zone district in which the
project is located. The City may require dedication of land or easements for
public use, provided that there is a reasonable relationship between the required
Page 4 of 18
dedication and the impact of the proposed development, and that the required
dedication is related both in nature and extent to the impact of the proposed
development. In order to mitigate the possible adverse impact of a discretionary -
permitted use on surrounding properties and to ensure overall consistency of the
use with the Land Use Code and the General Plan, conditions may include, but
are not limited to, restrictions on hours of operation; types of activities; noise
levels; lighting levels and hours; provision and maintenance of buffer areas,
yards and spaces; provision and maintenance of landscaping; regulation of
ingress and egress; regulation of signs; required site maintenance; parking
management; waste management; or other operational considerations as
deemed appropriate by the reviewing authority.
(f) Establishment of use. Use of property as authorized by an approved
discretionary use permit shall adhere to the following requirements:
(1) Time period for establishment. Discretionary use permits,
when approved, authorize the establishment and operation
of a particular land use at a particular location. As such, the
establishment and development of an approved
discretionary use permit must be diligently pursued.
Therefore, the discretionary use must be established at the
approved location within a time period specified in the DUP
approval by the reviewing authority, which shall not exceed
two (2) years. Establishment of the use shall be deemed to
consist of the satisfaction of all relevant DUP conditions of
approval and one of the following three (4) actions: (i) the
issuance of a building permit for new construction (if said
permit expires, approval of discretionary use permit shall
become null and void); (ii) the issuance of a certificate of use
and occupancy for the establishment of a discretionary use
in an existing structure; (iii) the commencement of operation
of the discretionary use permit in cases where no
construction or existing structure is involved (e.g., resource
extraction); or (iv) the issuance of a grading permit . If the
preceding requirements are not met within the time period
specified in the DUP approval, the discretionary use permit
shall be rendered null and void. The Zoning Administrator
may extend the time period for meeting the preceding
requirements for establishment of the use up to one
additional year, after holding a public hearing noticed
pursuant to Section 9-2.302(f). Additional conditions may be
imposed on a DUP in conjunction with a time extension,
provided that such new conditions may only be imposed
following a public hearing to receive testimony on the
proposed additional conditions.
Page 5 of 18
(2) Change of ownership. Discretionary use permit approval
shall apply only to the property for which the application was
made, and shall apply to that property as long as the use for
which approval was granted is in effect, regardless of
changes in ownership.
(3) Duration of a discretionary use. The reviewing authority may
establish a reasonable time period for the duration of a
discretionary use permit on a site, based on substantial
evidence that establishing an expiration date is necessary to
protect public health, safety, and welfare and comply with
applicable provisions of the General Plan and Land Use
Code. Where no expiration date is established by the
reviewing authority, the discretionary use may continue to
operate provided that it is in compliance with all conditions of
approval and other applicable Code requirements, for a time
period of no longer than thirty (30) years.
(g) Discretionary uses existing on the effective date of this Code amendment.
(1) Any use existing on the effective date of this Code or the
Official Zoning Map or any amendment thereto that was
permitted subject to an approved discretionary use permit,
shall be deemed a pre-existing discretionary use. Such use
may continue in accordance with this Code, provided that
the use is operated and maintained in compliance with the
conditions prescribed at the time of its establishment, if any.
(2) Any expansion, substantial remodel or reconstruction of a
use or building containing a previously approved drive-
through window which has become non -conforming due to
adoption of this Code or any subsequent amendments
thereto shall be allowed if it does not expand the aspect of
non -conformity or creates a new impact. If a modification of
an existing facility results in either an expansion of a non-
conformity element or the creation of a new impact, the
establishment shall comply with Section 9-3.533 regulating
non -conforming uses, until such use is brought into
conformance with the Land Use Code. A substantial remodel
to pre-existing drive-through facilities consists of any on-site
building or property alterations, improvements, and additions
requiring a building, grading or demolition permit which have
a construction value of 51%, cumulative over a period of
twelve (12) months, of the current year assessed
improvement value.
Page 6 of 18
(3) Any use existing on the effective date of this Code or the
Official Zoning Map or amendments thereto which would
require approval of a discretionary use permit to be
established in that zone, but for which such approval has not
been obtained, shall be deemed a non -conforming use and
regulated by Section 9-3.533, except that the owner may file
an application for a discretionary use permit to legalize the
use along with any proposed expansion, alternation, or
reconstructions which comply with the requirements of this
Code. Approval of any such DUP application would eliminate
the classification of the property as "non -conforming."
(h) Minor modifications. Revisions or modification of an approved
discretionary use permit may be requested by the applicant in accordance with
this section. Minor revisions to an approved DUP which will not increase or
change the use or intensity of the use or impact fire and life safety, may be
reviewed administratively pursuant to Section 9-2.303, Administrative Approvals.
Major revisions or modifications to an approved DUP such as a change in
conditions, expansion, intensification, location, hours of operation, or any change
which may have the potential to impact fire and life safety, shall be reviewed by
the Planning Commission pursuant to the same procedure used for a new DUP.
Modifications shall be consistent with the City's General Plan and surrounding
community character.
(i) Discontinuance of, discretionary use. If the use for which the discretionary
use permit was issued has ceased or been suspended for a period of two (2)
years or more, the discretionary use permit granted for said use shall expire, and
any proposal to re-establish the same use on the same property will be subject to
issuance of a new discretionary use permit pursuant to the standards and
requirements in effect as of the date of such subsequent approval.
(j) Appeals. Decisions on discretionary use permit applications may be
appealed to the City Council in accordance with Section 9-2.311, Appeals.
(k) Consistency with approved plans. A discretionary use permit approval
shall pertain only to those plans reviewed and approved with the DUP. Further,
all plans approved with a DUP shall be considered an integral part of the DUP
approval. The Planning Director shall ensure that any final working drawings for
grading or construction authorized by a DUP approval are consistent with said
previously -reviewed plans prior to release of working drawings for plan check.
(1) Periodic review. The Planning Commission may periodically review any
discretionary use permit to ensure that it is being operated in a manner
consistent with conditions of approval or in a manner that is not detrimental to the
public health, safety, or welfare, or materially injurious to persons or properties in
the vicinity. If, after review, the Planning Commission deems that there is
Page 7 of 18
sufficient evidence to warrant a full examination, then the Planning Commission
shall recommend a public hearing to the reviewing authority, and a public hearing
shall be set pursuant to Section 9-2.302(m).
(m) City revocation or modification.
(1) Any discretionary use permit granted pursuant to this
section, or granted under any prior Land Use Code of the
City, may be revoked upon a finding by the City Council that
one or more of the following conditions exist:
(A) That the use is detrimental to the public health or
safety;
(B) That the permit or approval was obtained through
misrepresentation on submittal documents, plans
and/or other information provided to the City;
(C) That the applicant in interest has not complied with
one or more of the approval requirements.
(2) Any such finding by the City Council shall be made after a
public hearing of which the initial applicant (or any successor
of record whose address has been furnished) shall be given
ten (10) days of advance written notice by first class mail
directed to the applicant's address of record (or such
successors address so furnished). Said notice shall contain
a notification of the reasons that the revocation is being
considered. The finding of the City Council and the
determination pursuant thereto, shall be subject to appeal
pursuant to Section 9-2.311. Action of the City Council on
appeal, shall be by resolution, and shall contain specific
findings and actions relative to the revocation.
(3) Notwithstanding the provisions set forth above, the City
Council on appeal, may act to modify the conditions of
approval, and/or may grant a period of time within which the
use may be reactivated, or within which time period
noncompliance with conditions may be remedied.
(n) New application following denial or revocation. Following the denial or
revocation of a discretionary use permit application, no application for a
discretionary use permit for the same or substantially the same use and design,
on the same or substantially the same site, shall be filed within one year from the
date of denial or revocation.
Page 8 of 18
SECTION 2.
Table 3-4, entitled "Business and Commercial Districts" of Title 9, Chapter
3, Article 3, entitled "Base District Regulations/Standards, Subsection 303
entitled "Commercial Districts", is hereby amended to include "Drive-through
facilities" as:
Use
TC
NC
GC
OC
Notes and Comments
Drive-through
facilities
--
C
C
C
As defined in Appendix A, contingent upon
approval of a Discretionary Use Permit
SECTION 3.
Table 3-6 entitled "Uses in Industrial Districts" of Title 9, Chapter 3, Article
3, entitled "Base District Regulations/Standards, Subsection 305, entitled
"Industrial Districts", is hereby amended to include "Drive-through facilities" as:
Use
CM
IP
A
Notes and Comments
Drive-through
C
C
__
As defined in Appendix A, contingent upon
facilities
approval of a Discretionary Use Permit
SECTION 4.
Table 3-15 entitled "Interim Uses in the Planned Community (PC) District
of Title 9, Chapter 3, Article 3, entitled " Planned Community (PC) District",
Subsection 315, is hereby amended to include "Drive-through facilities" as:
Use PC
Notes and Comments
Drive-through
As defined in Appendix A, contingent upon approval of a
C
facilities
Discretionary Use Permit
SECTION 5.
Title 9, Chapter 3, Article 5 entitled "Supplemental District Regulations" is
amended to include Subsection 512, entitled "Drive -Through Facilities" below:
(a) Purpose and intent. The City finds and determines that the purpose and
intent of this section is to -
(1 )
o:
(1) Establish standards and criteria for the design of sites with
drive-through facilities, integrating operational elements, site
and built form design with a focus on assisting this use with
Page 9 of 18
making a positive contribution to the surrounding context and
pedestrian streetscape; and,
(2) Ensure that business enterprises with drive-through facilities
do not result in adverse impacts on adjacent properties,
surrounding neighborhoods or roadways by reason of
customer and employee parking demands, queued traffic
interference with on-site and off-site traffic circulation and
pedestrian flow, noise, light, glare, litter, or cumulative impact
of such demands in any one area; and
(3) Allow for the typical range of activities while ensuring public
safety and mitigating associated impacts; and
(4) Ensure that existing and proposed drive-through facilities are
consistent with the goals and policies of the General Plan.
(b) Applicability.
(1) The regulations of this section shall apply to all Drive-through
facilities, as defined in Appendix A (Definitions). The
regulations shall apply to new developments, the addition of
drive-through facilities to existing developments, and the
relocation or substantial remodel of an existing drive-through
facility. A substantial remodel to drive-through facilities
consists of any on-site building or property alterations,
improvements, and additions requiring a building, grading or
demolition permit which have a construction value of 51 % of
the current year assessed improvement value.
(c) Land use regulations.
(1) All drive-through facilities as identified by this section shall be
limited to development in the following specific commercial
zoning districts:
a. Neighborhood Commercial (NC)
b. General Commercial (GC)
c. Office Commercial (OC)
d. Commercial Manufacturing (CM)
e. Planned Communities (PC)
f. Industrial (i)
Page 10 of 18
(2) All drive-through facilities shall require approval of a
discretionary use permit approved by the City Council.
(3) Discretionary use permits for establishments with drive-
through facilities shall be granted only after applicable criteria
adopted by the City have been applied to each application, to
the satisfaction of the City Council.
(d) Traffic impact study.
(1) A detailed traffic impact analysis shall be submitted by the City
in accordance with San Juan Capistrano Administrative Policy
310 (AP310) and shall include the following information:
a. Nature of the product or service being offered.
b. Number of menu items being offered.
c. Method by which the order is processed.
d. Estimated time required for each transaction.
e. Estimated arrival rate of customers.
f. Hours of operation.
g. All existing and proposed points of ingress and egress,
circulation and maneuvering areas, off-street parking and
loading areas; and
h. Separately tabulate the number of required off-street
parking, and proposed loading and stacking lane length
and width in a conspicuous place on the plan for
reference, including drive aisle turning radii width.
Existing traffic conditions- average daily and peak hour
volumes, average and peak speeds, sight distances,
accident data for the previous 3 years, and levels of
service (LOS) of intersections and streets affected by the
proposed development. Generally, such data shall be
presented for all streets and intersections adjacent to or
within 1000 lineal feet of the property boundaries, and
shall be no more than 12 months old at the date of
application, unless another date is specifically approved.
Page 11 of 18
Projected impacts of the proposed development shall
include: Projected peak hour and daily traffic generated
by the development on roads and streets in the vicinity of
the development; sight lines at the intersections of the
proposed access connection and adjacent streets;
existing and proposed traffic controls in the vicinity of the
proposed development; and the projected post
development traffic volumes and level of service of
intersections and streets likely to be affected by the
proposed development.
k. if a significant impact is identified, proposed mitigation
shall include: A plan (with supporting text) to minimize
traffic and safety impacts through such means as
physical design and layout concepts,; and an interior
traffic and pedestrian circulation plan designed to
minimize conflicts and safety problems.
I. The proposed mitigation plan shall result in one hundred
percent (100%) of stacking lane traffic off the streets
100% of the time.
(e) Development standards
(1) Architecture and site design.
a. Franchise or "Branded" architecture is strongly
discouraged. Architectural details of new buildings and
additions, including carports and covered drive-through
windows and lanes shall be harmonious with the City's
adopted Architectural Design Guidelines and shall
preserve and enhance the character of the surrounding
neighborhood area.
(2) Curb cuts.
a. Drive-through facilities on single -lots shall be encouraged
to minimize the number of curb cuts to arterial streets to
one.
b. Drive-through facilities within larger commercial centers
are encouraged to coordinate with existing curb cuts that
result in good site and traffic operations design, to
improve pedestrian safety on the major street sidewalk.
Page 12 of 18
c. The maximum driveway width shall be 35 feet at the
intersection of a public sidewalk (Per Sec. 9-4.511).
(3) Menu/order boards.
a. All drive-through menu boards/order board signs are
subject to Sec. 9-543 of the City's Municipal Code, and to
"chapter 8: Signs" of the City's Architectural Design
Guidelines/
b. All menu/order boards shall be screened from the public -
right -of -way
(4) Speaker boxes.
a. A speaker box located within or independent of a menu
boardlorder board, shall comply with noise standards as
described in Section 9-3.531 of the Municipal Code.
(5) Off-street parking.
a. Off-street parking shall be considered based on the traffic
impact analysis in accordance with San Juan Capistrano
Administrative Policy 310 (AP310)."
b. Parking shall be provided by the drive-through facility and
shall be calculated at the rate of one (1) space for every
four (4) patrons, based on restaurant capacity, in addition
to a calculation of one (1) space per drive-through facility
employee per shift.
c. Parking is encouraged to be located at the rear of the
building out of view of the public right-of-way.
(6) Landscaping.
a. Landscaping shall be consistent with the Community
Design Element described in the General Plan.
b. The use of mature trees is encouraged to provide an
immediate impact when used in buffering adjacent uses
and throughout paved areas and along pedestrian
pathways.
c. Landscaping shall be used to screen operational
elements of the development, such as stacking lanes,
driveways, parking, and mechanical equipment.
Page 13 of 18
d. Landscaping shall allow for visibility for pedestrians and
cross -traffic.
e. All setbacks adjacent to public streets shall be
landscaped.
(7) Screening.
a. Screening shall be consistent with Section 2, "Parking Lot
Landscaping" as described in T. Landscaping
Guidelines" under "Chapter 4: Design Guidelines" of the
City's Architectural Design Guidelines.
b. Garbage dumpsters external to the building shall be
completely concealed by a wall or enclosed with the
same materials as the building."
c. Solid masonry/block walls shall be comprised of a
finished earth grade consistent with the City's
streetscape and architectural standards.
d. Exterior utilities not located underground or integrated as
an enclosed portion of the building, shall be screened
from public view, yet maintain visibility for pedestrians
and cross -traffic, in accordance with the City's Design
Guidelines.
e. Garbage dumpsters external to the building shall be
completely concealed by a wall or enclosed with the
same materials as the building.
(f) Operational Standards
(1) Lighting.
a. Lighting shall comply with Municipal Code Section 9-
3.529.
b. Lighting shall be energy efficient, and shielded, non -
blinking and non -flashing.
c. Lighting shall not be of high intensity or brightness.
d. Lighting shall be appropriate in scale, intensity and
height.
Page 14 of 18
(2) Trash.
a. Applicants for a discretionary use permit shall submit a
litter clean-up plan and a waste management plan.
SECTION 6.
Table 3-42 entitled "Sign Standards" of Title 9, Chapter 3, Article 5, subsection
543, is hereby amended to include "Menu boards signs (permanent), Drive-thru menu
boards" as:
Table 3-42
Sign Standards
Type of Sign
District/Land
Use
Max. Height (in no
case above
eaves)
Max. Area Max. Aggregate
(square feet)** Area/Notes**
_
Menu/order
At the A maximum of two
board signs
discretion of the (2) menu/order
(permanent)
Planning boards are
I Drive-thru
Commission, permissible subject
menu boards
but in no event to Planning
I
greater than Commission review
42 sq. ft. per of a sign program
menu/order and subject to the
board final discretion of the
City Council. Drive-
through directional
signs shall not count
towards the menu
board aggregate
—_ �a rea.
SECTION 7.
Appendix A, entitled "Definitions", and "Drive-in facility" is hereby amended to
read as:
"Drive-through facility: Any land, establishment, facility, building, structure or
parts thereof, that provides or dispenses products or services, either wholly or in
part, through an attendant or convenience window or automated machine, to
persons remaining in motorized vehicles that are in a designated stacking lane,
within the City."
Page 15 of 18
SECTION 8. Code Amendment Recovery Fund.
A Code Amendment Recovery Fund shall fund costs for staff directed to process
code amendment changes, funded from future application fees for drive through
facilities. The City of San Juan Capistrano shall be entitled to recover all expenses
incurred in conjunction with the code amendment process. Such expenses shall include,
but not be limited to, those associated with staff time, those associated with noticing and
materials for public hearings, including any related third party costs, which were
necessary to ensure the code amendment and review process. The City Council shall,
by resolution, establish a flat fee for Code Amendment Recovery, calculated upon
adoption of this ordinance.
SECTION 9. Validity of Ordinance.
If any part of this Ordinance is held to be invalid for any reason, such decision
shall not affect the validity of the remaining portion of this Ordinance, and this City
Council hereby declares that it would have passed the remainder of this Ordinance if
such invalid portion thereof had been deleted.
SECTION 10. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 11. 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.. bl'shed the aforementioned
summary and shall post a certified copy of this Ordi ance, to` ether with the vote for and
against the same, in the Office of the City Clerk.
day of May 2010.
►NDRES USO, MAYOR
Page 16 of 18
STATE OF CALIFORNIA }
COUNTY OF ORANGE )Ss.
CITY OF SAN JUAN CAPISTRANO p
1, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 971 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on the 4th
day of May, 2010 and that thereafter, said Ordinance was duly adopted and passed at the
Regular Meeting of the City Council on the 18th day May, 2010 by the following vote, to wit:
AYES: UNCIL MEMBERS: Allevato, Nielsen, Freese, and Mayor Uso
NO,f�SC UNCIL MEMBERS: None
RI�CU E.D/) /C UNCIL MEMBERS: Hribar
MARIA MO KRI$,t'City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of
the City of San Juan Capistrano; That in compliance with State laws, Government Code section
36933(1) of the State of California, on the 12th day of April, 2010, at least 5 days prior to May
18, 2010, the date of adoption of the ordinance, I caused to be posted, in the City Clerk's Office
a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY
CALIFORNIA, ADOPTING CODE AM
VARIOUS SECTIONS OF TITLE 9/
USE STANDARDS FOR COMMEI,
THROUGH FACILITIES
OF SAN, JUAN CAPISTRANO,
DMENT (CA) 09-02 (AMENDING
%NL CJS) RELATING TO LAND
L I%UU INESSES WITH DRIVE -
CITY CLARK
-ano, Cali rnia
Page 17 of 18
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of
the City of San Juan Capistrano; That in compliance with State laws, Government Code section
36933(1) of the State of California. On the 20"' day of May 2010, 1 caused to be posted, in the
City Cleric's office, a certified copy of Ordinance No. 971, adopted by the City Council on May
18, 2010 entitled:
AN ORDINANCE OF THE CITY
CALIFORNIA, ADOPTING CODE AM
VARIOUS SECTIONS OF TITLE 9�,I
USE STANDARDS FOR COMMEk,
THROUGH FACILITIES
Page 18 of 18
SAN JUAN CAPISTRANO,
ENS' {CA} 09-02 (AMENDING
t j RELATING TO LAND
3,U INESSES WITH DRIVE -
IS, CITY C
strano, Cal