Ordinance Number 537ORDINANCE NO. 537
PROHIBITING CERTAIN LAND USES PENDING ZONING
STUDY (URGENCY)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROHIBITING CERTAIN LAND USES
PENDING THE INITIATION AND COMPLETION OF A
ZONING STUDY PURSUANT TO GOVERNMENT CODE SECTION
65858 (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1: Findings and Intent.
A. The City Council is presently repealing a ban on
personal service establishments providing,
carrying on, or practicing a variety of
fortune-telling activities more particularly
described in Municipal Code Sections 5-7.01
through 5-7.03.
B. There are no specific zoning regulations for
fortune-telling activities, such as standards for
location, parking, and compatibility with
surrounding land uses presently existing in the
City's Municipal Code. The City's Department of
Community Planning and Development has recommended
that a zoning study be undertaken to provide for
the above -stated standards with regard to
fortune-telling, major warehousing, massage
parlors, adult movie motels and bookstores, and
sewage treatment facilities.
C. The City Council finds that there is a current and
immediate threat to the public health, safety, or
welfare, in that approval of any permit or
entitlement, including business licenses, which
would permit the uses described in Subparagraph B
in the absence of any zoning regulation for said
uses would result in a threat to public health,
safety, or welfare.
D. The City Council finds that to protect the public
health, safety, and welfare, it is necessary to
adopt an Urgency Ordinance as an interim Ordinance
to prohibit all uses set forth in Subparagraph B.
SECTION 2. Land Uses Prohibited for Interim Period
Any new proposal for the following uses is prohibited
during the term of this Ordinance: major warehousing/
distribution centers, massage parlors, fortune-telling, adult
movie motels and bookstores, and sewage treatment facilities.
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9 Fortune-telling, as used in this Ordinance, shall
include astrology, palmistry, phrenology, life reading,
fortune-telling, cartomancy, clairvoyance, clairaudience, crystal
gazing, hypnotism, mediumship, spirit photography, spirit
writing, spirit voices, spirit materialization, etherealization,
prophecy, augury, divination, magic, necromancy, character
reading, furtune-telling by handwriting analysis, or any other
similar business or art, or act.
SECTION 3. Zoning Study.
The City Council accepts the report of the Department
of Community Planning and Development which proposes that a
planning study be undertaken to develop specific zoning
regulations covering such matters as location, parking, and
compatibility with surrounding uses.
SECTION 4. Term and Effective Date of Interim
Ordinance.
This interim Ordinance enacted pursuant to Government
Code Section 65858 shall be of no further force and effect 45
days from the date of its adoption, unless extended. This
Ordinance shall take effect and be in full force immediately.
SECTION 5. 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 7th day of
May 1985.
PHILLIP S' HWAR ZE, 17
O
ATTEST:
CITY CLERI
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STATE OF CALIFORNIA )V
COUNTY OF ORANGE ) ss. 7
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.537 , adopted by the City
Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 7th day of May ,
1985 , by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
(SEAL)
RY A NER, CITY CLERK
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