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Ordinance Number 790Im ORDINANCE NO. 790 1 •1I► �i • I _;11u IJD7.`: 1 . _ _ : U Y f► AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PROCESSING OF ACCESSORY USE PERMITS ALLOWING THE ON-SITE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVICE IN THE HISTORIC RESIDENTIAL DISTRICT OF THE LOS RIOS PRECISE PLAN (URGENCY) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: 1. Part 3, Section G(4)(b)(3) of the Los Rios Precise Plan requires businesses to secure approval of an Accessory Use Permit in order to serve alcoholic beverages for on-site consumption in conjunction with the serving of food. 2. The City has, over the last year, issued two Accessory Use Permits requested in the Los Rios District. 3. City staff suggests that a proliferation in the issuance of Accessory Use Permits would endanger the safety of pedestrians and residents through increased vehicular traffic conflicts in the area as well as alter the historic character of the neighborhood. 4. California Government Code Section 65850 grants the City police power authority to regulate land use activities including alcohol service, in order to protect and preserve the public health, interest, and general welfare. 5. Pursuant to California Government Code Section 65858(c), the unmitigated proliferation of commercial establishments serving alcohol represents a current and immediate threat to the public health, safety and general welfare, and the approval of additional permits for use would result in a threat to public health, safety, and welfare. Pursuant to the findings set forth in Section 1, preceding, and pursuant to authority granted under Government Code Section 65858, the City Council of the City of San Juan Capistrano hereby imposes a moratorium on the processing of Accessory Use Permit applications or any other local government approval allowing the serving of alcohol in conjunction with food -1- service. The purpose of this moratorium is to allow the City to prepare and consider traffic mitigation measures and land use standards related to the effects of alcohol service in a concentrated historic residential area. No exemptions are grated and any applicant with a pending Accessory Use Permit application shall be subject to this moratorium Pursuant to Government Code Section 65858, 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 from its adoption. This Urgency Ordinance may be extended 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 18th day of February 1997. x zZl DAVID M. S`W> DLIN, MAYOR ATTEST: CITY CLE -2- M1 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. 790 which was adopted at a meeting of the City Council of the City of San Juan Capistrano, California, held on February 18 1997, by the following vote: AYES: Council Members Hart, Campbell and Mayor Swerdlin NOES: None ABSTAIN: Council Members Jones and Greiner ABSENT: None (SEAL) 02izz��CHERYL JO SO , CITY CLERK -3-