Ordinance Number 839ois
ORDINANCE NO. 839
AMENDING TITLE 9 OF THE MUNICIPAL CODE - LAND USES IN THE
TOURIST COMMERCIAL AND GENERAL COMMERCIAL DISTRICTS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SPECIFIC LAND USES IN THE TOURIST COMMERCIAL
DISTRICT, THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND THE
GENERAL COMMERCIAL DISTRICT AS PER TITLE 9, CHAPTER 3,
ARTICLE 4, SECTIONS 9-3.411, 9-3.413 AND 9-3.414 RESPECTIVELY, OF
THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findines.
WHEREAS, on July 7,1998, the City Council adopted Interim Urgency Ordinance
No. 820, which established a moratorium on the establishment of specific land uses within the CT
(Tourist Commercial) and CG (General Commercial) Districts; and,
WHEREAS, in accordance with the provisions of the Interim Urgency Ordinance,
the Planning Services Department conducted aplanning study on the uses covered by said ordinance
and prepared an amendment to the Municipal Code which contains specific recommendations on
each of the identified land uses including the need to reference uses in the CN (Neighl,orhood
Commercial) District; and,
WHEREAS, on January 26, 1999, the City's Environmental Administrator reviewed
an Initial Study prepared on the provisions of the proposed amendment and determined that the
proposed amendment will not cause a significant impact upon the environment and accordingly
issued a Negative Declaration and complied with the provisions of the California Environmental
Quality Act (1970) as they apply to this amendment and otherwise carried out all applicable
provisions of that Act; and,
WHEREAS, the Ordinance is consistent with the goals, policies and objectives of
the San Juan Capistrano General Plan as it relates to the compatible land uses and community image
desired for the historic commercial core of the City; and,
WHEREAS, the Planning Commission conducted a public hearing on April 13,
1999, and continued said hearing to April 27, 1999, where they recommended that the City Council
adopt the proposed amendment as contained herein; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on May 18,
1999 to receive public testimony and review the contents of the proposed amendment.
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SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1 preceding, the following amendments
to the Municipal Code are hereby enacted:
1. Gasoline Station or Fuel Dispensing Facilities with Mini -Mart or Food
Convenience Store.
a. Section 9-3.411(d)(6) entitled "Fuel dispensing stations in compliance
with Section 9-3.624" is hereby deleted.
b. Section 9-3.414(d)(2) is hereby amended to read in its entirety
"Gasoline or Fuel Dispensing Facilities with or without a Mini -Mart or Food Convenience
Store. (Said uses shall be prohibited in the area encompassed by the "D," Design Standards
District.)
C. Section 9-3.413(d)(1) is hereby amended to read in its entirety
"Gasoline or Fuel Dispensing Facilities with or without a Mini -Mart or Food Convenience
Store. (Said uses shall be prohibited in the area encompassed by the "D," Design Standards
District.)
d. Add to Appendix "A" the following definition: "Mini -Mart or Food
Convenience Store shall mean a business offering for sale food products both fresh and
refined, including but not limited to fresh fruits and vegetables, pre-packaged and processed
food products, diary pr,)ducts, baked goods, and beverages (non-alcoholic) including fruit
juices, bottled and canned drinks within a building less than 5,000 square feet."
2. Pool Halls and Billiard Centers.
a. Section 9-3.414(b)(3) is hereby amended by deletion of the words
"pool and billiard centers."
b. To section 9-3.414(d), entitled "Conditional uses and structures" is
hereby added subsection "(20) Pool halls and billiard centers."
and beauty."
Barber and Beauty Schools.
a. Section 9-3.411(b)(8) is hereby amended to delete the words "barber
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Pawn Shops.
a. Section 9-3.414(b)(9) is hereby amended in its entirety to read...
"Secondhand stores (prohibited activities shall be those uses defined as secondhand dealers,
pawnbrokers, and coin -currency dealers by Section 5.18 of the Municipal Code); and,.,
Auto Parts and Supply Stores.
a. Section 9-3.414(b)(2) is hereby amended by the deletion of the words
"auto parts and supplies."
b. Appendix "A," Definitions, is hereby amended to include the
following definition.. "Auto Parts and Supply Store shall mean an establishment that offers
for sale auto parts and supply where 25% of the available retail area is devoted to the storage,
display and sale of such products."
6. Off -Site Premise Sale of Alcoholic Beverages.
a. Section 9-3.411(b)(1) is hereby amended by the deletion of the words
"wine (including wine tasting)" as a principal permitted use.
b. Section 9-3.411(d)(8) is hereby added as a conditional use and shall
read in its entirety . . . "(8) The retail sale of alcoholic beverages for off -premise
consumption (including wine tasting)."
Section 9-3.413(b)(1) shall delete retail sale of"liquor" as a principal
permitted use.
d. Add Section 9-3.413(d)(7) to the list of Conditional Uses to read "(7)
The retail sale of alcoholic beverages for off -premise consumption."
e. Section 9-3.414(b)(2) shall delete retail sale of"liquor" as a principal
permitted use and Section 9-3.414(d)(21) shall be added to read "The retail sale of alcoholic
beverages for off -premise consumption."
Bingo Parlors.
a. Section 9-3.418 entitled Public and Institutional (IP) District is hereby
amended under subsection (b) by adding sub -paragraph (5) to read in its entirety as follows
... "(5) Bingo Parlors that are conducted in accordance with Title 5, Chapter 4, conducted
by non-profit groups operated exclusively for religious, charitable, scientific, literary, or
educational purposes."
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Check Cashing Facilities.
a. Add Section 9-3.414(b)(11) to read in its entirety ... "Financial
services, such as banks, savings and loan associations, and credit unions (excluding check
cashing facilities)."
b. Add to Appendix "A" the following definition ... "Check Cashing
Facility shall mean a person or business that for compensation engages in whole or in part,
in the business of cashing checks, warrants, drafts, money orders, or other commercial paper
serving the same purpose. Check cashing facility does not include a state or federally
chartered bank, savings association, credit union, or industrial loan company. Check cashing
facility also does not include a retail seller engaged primarily in the business of selling
consumer goods, including consumables, to retail buyers that cashes checks or issues money
orders for minimum flat fee not exceeding two dollars ($2) as a serves that is incidental to
its main purpose or business.
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
June , 1999.
ATTEST:
CITY CLE
AND ADOPTED this 1st day of
J OPA f 4A
GREINER,MAYOR
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019
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.
839 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on May IS ,1999, and adopted at a meeting
held on June 1 , 1999, by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 9
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CHERYL JOH3 SO , CITY CLERK
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