Ordinance Number 541727
ORDINANCE NO. 541
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
PRECISE PLAN NONCONFORMING USES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 3, TITLE 9, OF THE
MUNICIPAL CODE REGARDING NONCONFORMING USES IN
THE SPECIAL (PRECISE PLAN) DISTRICT
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. The City's Environmental Review Board has reviewed
the amendment as set forth herein, has determined
that the amendment is a minor change in land use
limitations and is therefore categorically exempt.
The Environmental Review Board has otherwise
carried out all requirements of the California
Environmental Quality Act as amended. The City
Council hereby finds and certifies said actions as
appropriate and correct.
B. This code amendment will provide for review
procedures and limitations on modifications to
nonconforming uses in the Special (Precise Plan)
District.
C. A duly noticed public hearing has been held to
receive and consider public testimony regarding
the proposed amendment.
SECTION 2. Amendment Text.
A. Introduction
Based upon the findings set forth in Section 1,
preceding, the following amendments to the
Municipal Code are hereby enacted:
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I 2 B. Amendments.
1. Section 9-3.422 is hereby amended to include
Subsection (h), to read as follows:
"(h) Nonconforming Uses - If an area is
designated Special (Precise Plan) (SP)
District and a Precise Plan is adopted
which identifies permitted uses, a minor
modification of an existing
nonconforming use may be approved by the
City Council. The Environmental Review
Board (ERB) will review all proposed
modifications for the purpose of
identifying issues and concerns. The
Environmental Review Board will also
determine whether any other Boards or
Commissions should also review the
proposal. Since the criteria below
limits the magnitude of the
modifications, the review process should
be minimized. The Environmental Review
Board may also require adjoining
property owners to be notified of the
review process. The following criteria
and limitations will be used to evaluate
whether a requested modification to
nonconforming use is minor:
"(1) That the proposal will not
interfere with the orderly
transition of land uses, in
accordance with the adopted Precise
Plan; and,
11(2) That the proposal will not
materially contribute to
significant environmental impacts;
and,
11(3) That the proposal is minor and
incidental relative to the existing
nonconformity. Lot size, size of
existing structures, volume of
business, and other factors will be
considered when determining the
magnitude of the modification."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
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SECTION 4. Citv 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 ADOPTED this 21St day of
1985
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PHILLIP R. SCHWARTZE, RAYOR
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 541 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on April 2 , 1985 , and
adopted at a meeting held on May 21 19851__7, by the
following vote:
AYES: Councilmen Bland, Buchheim, and
Hausdorfer
NOES: None
ABSTAIN: Councilman Friess and Mayor Schwartze
ABSENT: None
(SEAL) i.P.t vy{aL c
Y A H OVER, CIx'Y C ERK
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