Ordinance Number 463ORDINANCE NO. 463
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
IN THE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.411 OF THE
MUNICIPAL CODE REGULATING GAME MACHINE USES IN
THE CT (TOURIST COMMERCIAL) DISTRICT AND REPEAL
OF ORDINANCE NO. 447
LOW
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 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 more precise
regulation of game machines as accessory uses in
the CT (Tourist Commercial) District. The amendment
will permit regulation of game machine uses so as
to ensure compatibility with the purpose and
intent of the CT District and with the character of
the historical center of the City.
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 amendment to the Municipal
Code is hereby enacted:
B. Amendment
The following permitted accessory use shall be
added to the CT District regulations, Subsection
9-3.411(c) Accessory Uses and Structures Permitted:
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�y
"(2) Three or
fewer game machines, provided
that such
game machines are accessory to a
permitted
principal use in the CT District and
such game
machines are of the "table -type"
design with
a horizontal visual display and
are no greater
than three feet in height. The
foregoing
physical restrictions are intended
to insure
that game machine accessory uses do
not conflict
with the physical and historical
character
of the central (CT) area of the City
and that
such machine accessory uses are
consistent
,game
with the overall purpose and intent
of the CT
District. To this end, game machines
designed
to be played while the player is
standing
and which do not meet the foregoing
physical
restrictions are expressly prohibited
in the CT
District."
SECTION 3. Effective Date and Repeal of
Ordinance No. 447.
This Ordinance shall supercede Ordinance No. 447 and
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 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 20th day of
July 1 1982, by the following vote, to wit:
AYES: Councilmen Fries, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
CE F. BUC'HIWIM, MAYOR
ATTEST:
CITY CLERr
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