Ordinance Number 452ORDINANCE NO. 452
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
GAME MACHINE CENTERS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-3.414, 9-3.415,
AND 9-3.419 OF THE MUNICIPAL CODE TO MORE
PRECISELY REGULATE GAME MACHINE USES
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 will not have a significant
impact on the environment, has accordingly issued
a negative declaration for the amendment, and 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 increased
control of game machine centers in order to
mitigate adverse impacts on surrounding properties
within the CG (General Commercial), CM (Commercial
Manufacturing) and PR (Private Recreation)
Districts. The amendment will permit regulation
of game machine uses so as to ensure compatibility
with adjacent land uses.
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:
B. Amendment
1. "Game Machine Arcades/Centers" is hereby
deleted from Paragraph (b)(3) of Section
9-3.414 (CG District) and Paragraph (b)(1)
of Section 9-3.419.
on
2. Subsections 9-3.414(c)(3) and 9-3.419(c)(4)
are hereby added to include the following
accessory use in the CG and PR District:
"Game Machines - Three or less game machines
if such machines are accessory to a permitted
principal use in the district. The
installation and operation of more than three
such machines as an accessory use shall be
permitted only if a conditional use permit is
approved."
3. Existing Paragraph (c) of Section 9-3.415 and
all subsequent paragraphs shall be,relettered;
new Paragraph (c) shall then be added to read
as follows:
"(c) Accessory uses and structures permitted.
The following accessory uses and
structures shall be permitted in the
Commercial Manufacturing (CM) District:
"(1) Game Machines - Three or less game
machines if such machines are
accessory to a permitted principal
use in the district. The
installation and operation of more
than three such machines as an
accessory use shall be permitted
only if a conditional use permit is
approved."
4. Subsections 9-3.414(d)(18) and 9-3.419(d)(7)
are hereby amended to include the following
conditional use in the CG and PR Districts:
"Game Machine Centers"
SECTION 3. Effective Date and Repeal of
Ordinance No. 447.
This Ordinance shall take effect and be in force thirty
(30) days after its passage. Urgency Ordinance No. 447 shall
become void and of no further force or effect on said effective
date.
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SECTION 4. City Clerk's Certification. g
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 6th day of
April 1982 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
ATTEST:
I Y -OL
t
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. 452 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on March 16 1982 , and adopted at
a meeting held on April 6
( SEAL)
MARY ANN H ER, ITY CLERK
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