Ordinance Number 447i
ORDINANCE NO. 447
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
GAME MACHINE ARCADES (URGENCY)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-3.414 AND
9-3.419 OF THE MUNICIPAL CODE TO REQUIRE A
CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT
OF GAME MACHINE ARCADES (URGENCY)
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. This Code Amendment will provide for increased
control of game machine arcades in order to
mitigate adverse impacts on surrounding
properties within the CG (General Commercial)
and PR (Private Recreation) Districts. The
Amendment will permit regulation of game machine
uses so as to ensure compatibility with adjacent
land uses.
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
1. "Game Machine Arcades/Centers" is hereby
deleted from Paragraph (b)(3) of Section -
9-3.414 and Paragraph (b)(1) of Section
9-3.419.
2. The following is hereby added as Paragraph
(c)(3) of Section 9-3.414 as an additional
accessory use in the CG District:
"(c)(3) 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. The following is hereby added as Paragraph
(d)(18) of Section 9-3.414 as an additional
conditional use in the CG District:
"(d)(18) Game Machine Centers or Arcades"
4. The following is hereby added as Paragraph
(c)(4) of Section 9-3.419 as an additional
accessory use in the PR District:
"(c)(4) 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."
-1-
f) tin
The following is hereby added as paragraph
(d)(7) of Section 9-3.419 as an additional
conditional use in the PR District:
11(d)(7) Game Machine Centers or Arcades
SECTION 3. Effective Date.
This is an interim Ordinance adopted as an emergency
measure pursuant to Section 65858 of the California Government
Code. The nature of the emergency is as follows:
The establishment of "a game machine center" as an
accessory or principal use has a potential to
adversely impact the surrounding land uses. The City
has received a number of inquiries regarding the
establishment of game machine centers which presently
could be established without regulation. In order to
provide for minimum interim regulation for the
protection of the public safety, health and welfare
and to provide time for the City to determine what
changes, if any, should be made to Title 9 (Land Use
Code) regarding game machine uses, this urgency
Ordinance is enacted.
This Ordinance, unless extended pursuant to Section 65858,
shall be of no force and effect four (4) months from its
adoption.
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 19th day of
January 1982 , by the following vote, to wit:
ATTEST:
AYES: Councilmen Buchheim, Bland, Friess,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT:
None
—
PHILLI
R. SCHWARTZE, R
A ew
sM