PC Resolution-18-06-12-01PC RESOLUTION NO. 18-06-12-01
A RESOLUTION OF THE PLANNING COMMISSION OF SAN JUAN CAPISTRANO,
CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
APPROVING CODE AMENDMENT 18-002 TO AMEND SAN JUAN CAPISTRANO
MUNICIPAL CODE, TITLE 9, LAND USE, TO UPDATE SECTION 9-3.543, SIGNS
WHEREAS, the purpose of this Resolution is to recommend to the City Council
adoption of a proposed ordinance to approve Code Amendment 18-002 to update the
City of San Juan Capistrano Sign Ordinance (SJCMC, § 9-543) for compliance with state
and federal law and to introduce Public and Institutional temporary banners as a sign
option;
WHEREAS, in Reed v. Town of Gilbert, Ariz. (2015) 135 S.Ct. 2218, the Supreme
Court of the United States held that sign regulations that draw distinctions based on the
content of signs are generally presumptively unconstitutional and subject to strict scrutiny
review;
WHEREAS, on March 6, 2018, the City Council initiated Code Amendment 18-002
and directed staff to study potential amendments to the Sign Ordinance to address issues
raised by Reed and to introduce new sign options for temporary banners for Public and
Institutional uses;
WHEREAS, this amendment has been processed pursuant to section 9-2.309,
Amendment of the Land Use Code;
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred .
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the recitals above are
each incorporated by reference and adopted as findings by the City Council.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission finds and determines that the proposed Ordinance is exempt from review
under the California Environmental Quality Act (CEQA) (California Public Resources.
Code§ 21000 et seq.), Under State CEQA Guidelines, section 15060(c)(2), the whole of
the Ordinance is exempt, because the code amendment is an administrative activity
which will not result in a direct or reasonably foreseeable indirect physical change to the
environment. Under section 15060(c)(3), the whole of the Ordinance is exempt because
the code amendment is not a "project" as defined by section 15378, since it has no
potential for resulting in a direct or indirect physical change to the environment.
NOW, THEREFORE, BE IT FURTHER RESOLVED,. the Planning Commission
recommends that the City Council direct staff to prepare, execute and file a Notice of
Exemption with the Orange County Clerk within five working days after the passage and
adoption of this Ordinance.
1
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, pursuant to San Juan
Capistrano Municipal Code, section 9-2.309(e), the Planning Commission finds and
determines as follows:
1. The proposed Land Use Code amendment conforms with the goals and
policies of the General Plan. The General Plan Community Design Element
policies and goals include preservation and enhancement of the historical
character of the community, the harmonious incorporation of. new
development into existing public and private development, and the
maintenance of the community's "small-village, rural atmosphere."
(GPCDU, p. 7). This Ordinance ensures that the City's sign regulations
comply with state and federal law, but also continue to ensure that the types,
locations, and sizes of signs permitted in the City are consistent with and
do not detract from the City's "small-village, rural atmosphere."
2. The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or general
welfare. Although this ordinance revises the regulations for temporary
noncommercial signs, it still requires that signs not be placed in a manner
that interferes with traffic safety. The Ordinance provides that the introduced
temporary banners for Public and Institutional zones may not be placed over
or extending into the public rights-of-way, onto trees or landscaping, light
standards or higher than 15 feet above adjacent grade.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code (title 9) and is consistent with other applicable related
provisions thereof. This Ordinance is consistent with the intent of the
Development Code in that it regulates the use of signs on private property
to ensure the use of signs is consistent with the associated and nearby
development, while still ensuring First Amendment protections afforded to
property owners.
4. The proposed Land Use Code amendment is reasonable and beneficial at
this time. This Ordinance is reasonable and beneficial at this time, because
recent court decisions necessitated review and amendment of the City's
sign regulations and because use of temporary banners in public and
institutional zones became more frequent necessitating review.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission recommends that the City Council adopt the Ordinance to approve Code
Amendment 18-002 to update the City of San Juan Capistrano, section 9-3.543, Signs,
that substantially conforms in substance to the Ordinance included as Attachment A.
If any provision of this Resolution or its application to any person or circumstance
is held invalid, such invalidity has no effect on the other provisions or applications of the
Resolution that can be given effect without the invalid provision or application, and to this
2
extent, the provisions of this Resolution are severable. The City Council declares that it
would have adopted this Resolution irrespective of the invalidity of any portion thereof.
The record of proceedings relating to this Resolution are located at City Hall 32400
Paseo Adelanto, San Juan Capistrano, CA 92675. The custodian of records is the
Community Development Director.
PASSED, APPROVED AND ADOPTED this 12th day of June, 2018.
Development
3