Ordinance Number 851159
ORDINANCE NO. 851
AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.623 OF
THE MUNICIPAL CODE - CAR DEALERSHIP TENT DISPLAYS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-
3.623(g) AND ADDING 9-3.623(g)(4) OF THE MUNICIPAL CODE
GOVERNING SPECIAL EVENT PERMITS TO PERMIT ADDITIONAL TIME
PERIODS ALLOWED FOR CAR DEALERSHIP'S USE OF TENTS AND
DISPLAYS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, on July 5, 2000 the City Council considered a request to initiate
an amendment to the Municipal Code that would add additional time allowed for car
dealerships' use of tents and displays to Section 9-3.623(g) and 9-3.623(g)(4) of the
Municipal Code; and,
WHEREAS, the City Manager's Office completed its study of the issue and
has prepared draft language for considering an amendment to the Municipal Code; and,
WHEREAS, the City has complied with the provisions of the California
Environmental Quality Act (1970) as they apply to this amendment, has determined that
the amendment will not result in a significant impact on the environment and has issued
a Negative Declaration and otherwise carried out all applicable provisions of that Act; and,
WHEREAS, the Ordinance is consistent with the goals, policies and
objectives of the San Juan Capistrano General Plan; and,
WHEREAS, the Planning Commission conducted a public hearing on
August 22, 2000 and forwarded a recommendation that the City Council adopt the
Ordinance; and,
WHEREAS, the City Council conducted a public hearing on September 19,
2000 to consider testimony on the merits of the proposed amendment and found that the
proposed amendment would not create a significant impact on the environment and
therefore certified issuance of a Negative Declaration.
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SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1 preceding, the following
amendments to the Municipal Code are hereby enacted: -
Section 9-3.623(g) is amended to read as follows:
"Additional activities. The Director or his agent may approve, conditionally
approve, or deny special activity permit requests for the following types of uses. These
uses may be permitted for a period of time not to exceed thirty-two (32) days. The 32 days
allowed under a special event permit application shall not be broken into more than three
individual times per calendar year. Applications for such uses shall be on forms provided
by the City and shall include all necessary information to review such requests for
compliance with all applicable regulations."
2. Section 9-3.623(g)(4) shall be added to read as follows:
"(4) Car Dealers desiring to use tents to promote regional sales are subject
to the following:
"(i) A maximum period of up to 32 days may be approved under a
special event permit application issued by the Planning Director and may not be
broken into more than three separate time periods totaling 32 days.
"(ii) The Planning Commission, upon conducting a public hearing,
may grant an additional time period of 45 days. Said application shall indicate the
additional time of year the tent will be used.
"(iii) Dealership tents may be allowed beginning in January as long
as there is a thirty day gap in between each time period allowed.
"(iv) Design Standards for Dealership Tents shall be as follows:
"(A) Poles supporting tents should be covered so that no metal
surface is visible; and,
"(B) No signs or other structures may be added to the tent."
SECTION 3. Effective Date.
This ordinance shall take effect and be in force thirty days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
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once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this
October 2000.
COLL CAMP LL, MAYOR
ATTEST:
DD
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day of
I, CHERYL JOHNSON, 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. 851 which was introduced at a meeting of the City Council of the
City of San Juan Capistrano, California, held on September 19th
2000, and adopted at a meeting held on October 3rd , 2000, by the
following vote
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOH ON, ITY CLERK