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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. 016 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 -2- 017 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." X)S9 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 -4- 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 /�L2ctZ � CHERYL JOH3 SO , CITY CLERK -5-