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Ordinance Number 561ORDINANCE NO. 561 AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - FARM MARKET (FM) DISTRICT AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.423 OF THE MUNICIPAL CODE RELATING TO PERMITTED USES WITHIN THE FARM MARKET (FM) 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 amendments set forth herein and has issued a negative declaration based upon the finding that the project will not have a significant effect on the environment. The City Council hereby finds that based upon the initial study and any comments thereto there is not substantial evidence that the project will have a significant effect on the environment. The City Council accordingly finds that the negative declaration has been prepared in accordance with CEQA and State and local guidelines. B. This code amendment will provide for additional land uses within the Farm Market (FM) District which are consistent with purpose and intent of the 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 set forth under Paragraph B, following, are hereby enacted. B. Amendment 1. Section 9-3.423.3(b)(3), Principal Uses and Structures Permitted, is hereby amended to read as follows: "(3) Retail and wholesale nurseries and garden supply stores, including the sale of flowers and plants." -1- 2. Section 9-3.423.3(b)(7), Principal Uses and Structures Permitted, is hereby deleted. 3. Subsections (2) and (3) are hereby added to Section 9-3.423.3(c), Accessory Uses and Structures Permitted, to read as follows: "(2) Delicatessen, snack bar, ice cream stores, provided dining area does not exceed 100 square feet; "(3) The retail sale and small-scale finishing or working of such materials as leather, pottery, jewelry, and similar items." 4. Section 9-3.423.3(d)(1), Conditional Uses and Structures Permitted, is hereby amended to read as follows: "(1) Dry goods and clothing store related to agriculture and ranching." 5. Subsection (2) is hereby added to Section 9-3.423.3(d), Conditional Uses and Structures Permitted, to read as follows: "(2) Services or facilities engaged in the sale, fabrication or repair of products related to farming." 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 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 January 1986. PHILL7 R. SCHWARTZE, 01,11OR ATTEST: CITY CLE -2- 7th day of 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. S61 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on December 17-, 1985, and adopted at a meeting held on January 1ggg by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None (SEAL) MARY ANN OVER, CITY CLERK -3-