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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: -1- ´┐Ży "(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 -2-