Ordinance Number 995ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, ARTICLE 3 AND APPENDIX "A,"
DEFINITIONS OF THE LAND USE CODE WITH RESPECT TO
REGULATING "ASSEMBLY USES" (CODE AMENDMENT 11-02)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Whereas, the San Juan Capistrano Municipal Code does not clearly address
assembly or organizational uses that may result in health and safety impacts or conflict
with zoning districts and the only reference to assembly or organization uses in the
Municipal Code pertain to "religious, fratemal, or nonprofit organizations" which includes
"churches, temples, synagogues, monasteries, religious retreats, and other places of
religious worship and other fratemal and community service organizations"; and,
Whereas, the San Juan Municipal Code, Appendix A, Definitions does not set
forth clear definitions and lacks related information for defining "assembly uses"; and,
UWhereas, religious land use restrictions are limited in part by the Federal
Religious Land Use and Institutionalized Persons Act (RLUIPA) that states in part a
government may not impose or implement a land use regulation in a manner that imposes
a substantial burden on the religious exercise of a person or institution; and
Whereas, the City Council conducted a duly noticed public hearing on the
Stn day of June, 2012, and considered all public oral and written communications.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 2. Ordinance Amendments.
a. Appendix A is hereby amended to delete in its entirety the existing definition of church:
and add the following new definition:
"Church: A use provided by a legally constituted religious organization for
public and family worship of a deity or deities, together with buildings and
uses that are accessory thereto, and used for the teaching of religious
dogma, accessory social functions, and one single-family dwelling for use as
a minister or caretaker residence. This definition includes synagogues,
temples, mosques, and other buildings used for the purposes stated herein. "
0995
b. Title 9, Land Use Code Table 3-1 (Residential), Table 3-4 (Business and Commercial),
Table 3-6 (Industrial), Table 3-8 (Public & Institutional), Table 3-10 (Open Space),
Table 3-12 (Farm Market), Table 3-14 (Solid Waste), and Table 3-15 (Planned
Community) shall be amended to replace "religious, fraternal, or nonprofit organization
(nonprofit)" to read as follows:
Use
Zone Distracts
Notes and Exceptions
Church, Religious, or
Residential, Business and
Includes synagogues, temples,
Fraternal
Commercial, Industrial,
mosques, and other buildings used for
Public & Institutional, Open
the purposes herein but excludes day
Space, Farm Market, Solid
care centers, and private and/or
Waste and Planned
secondary educational facilities
Community
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 AND ADOPTED this 19'" day of June, 2012.
1LARRY K R, MAYOR
ATTEST:I ,n A , r7
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0995
n
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 995 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 5fh day of June 2012, and thatthereafter, said Ordinancewas duly adopted
and passed at the Regular Meeting of the City Council on the 19'" day of June 2012, by the
following vote,lto wit:
AYES: 'COUNCIL MEMBERS: Freese, Reeve, Allevato, Taylor, and Mayor Kramer
NOES HUNCIL MEMBERS: None
ABSENT:COUNCILVEMBERS: None
IIiI
MART R S, On CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as 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 61" day of June 2012, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, ARTICLE 3 AND APPENDIX DEFINITIONS OF
THE LAND USE CODE WITH RESPECT TO REGI.ZING/ASSEMBLY
USES" (CODE AMENDMENT 11-02)
This document was posted in the Office of the City Clerk
MARIA M
San Juan
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as 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 21" day of June 2012, 1 caused to be posted a certified copy of Ordinance No.
995, adopted by the City Council on April 5, 2011 entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, ARTICLE 3 AND APPENDIX "Ayyyy" DEFINITIONS OF
THE LAND USE CODE WITH RESPECT TO REGULATING "ASSEMBLY
USES' (CODE AMENDMENT 11-02) /
This document was posted in the Office of the City Clerk
MARIA M
San Juan
0 995