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Ordinance Number 532ORDINANCE NO. 532 7P AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING SPECIAL ACTIVITIES PERMIT PROGRAM AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADDING SECTION 9-3.623 TO TITLE 9, CHAPTER 3, ARTICLE 6, THAT ESTABLISHES A SPECIAL ACTIVITIES PERMIT PROGRAM, TO REPLACE EXPIRED SECTION 9-3.623 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: 1. The City's Environmental Review Board has reviewed the subject Code Amendment, has determined that the project will not have a significant effect on the environment, has certified the issuance of a Negative Declaration, and has otherwise carried out all requirements of the California Environmental Quality Act. The proposed Code Amendment is consistent with the goals and policies of the General Plan. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed Code Amendment. SECTION 2. Zone Change. Based on the findings set forth in Section 1, preceding, the City Council ordains that the San Juan Capistrano Municipal Code is hereby amended by adding Section 9-3.623 (Special Activities Permit Program) to Title 9, Chapter 3, Article 6 (Supplementary District Regulations), to replace expired Section 9-3.623, to read as follows: "Section 9-3.623. Special Activities Permit Program. "a) Intent and Purpose - to establish a permit procedure for the regulation of the display of merchandise and products and/or temporary banners outside the normal sales area which may occur in association with a special promotional/sale activity. It is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this Code. -1- a 1Z 4 "b) Review Process 11 1. Business owners/property owners that are engaged in conducting a permitted business activity in the CO (Commercial Office), CN (Neighborhood Commercial), CT (Tourist Commercial), CG (General Commercial), CM (Commercial Manufacturing), and those portions of PC (Planned Community) and PD (Planned Development) Districts that permit commercial uses may apply for a Special Activities Permit. "2. The Department of Community Planning and Development may issue Special Activities Permits provided the following criteria is met and the application is consistent with the design standards listed in Subsection 'd': "a. The special activity permit will not exceed five (5) consecutive days nor more than four (4) times during the calendar year. One additional permit may be issued for a "grand opening" event. "b. The property owner has authorized the special activity in writing. "c. The application is submitted fourteen (14) days prior to the scheduled activity. "d. Site plan has been approved by Orange County Fire and Sheriff's Departments for meeting public safety requirements when applicable. "e. The City's review regarding adequate traffic circulation for both vehicular and pedestrian, including provisions for emergency ingress/egress. "f. Site plan and all signage complies with the Municipal Code and specific design standards listed in Subsection 'd.' "g. Valid business license with the City of San Juan Capistrano. "h. A cleaning deposit, if determined to be applicable by the Director of Community Planning and Development. -2- rM "c)Application Information - An application form approved as to form and content by the Director of Community Planning and Development. Said application to include, as a minimum, the following basic information: "1. Name of organization or business requesting permit. "2. Property owner authorization. 113. Business license number. "4. Time period for event. 115. Date last special activity conducted. 11 6. Type of merchandise offered, including method and location (provide site plan). 117. Type of sign program to be used during special activity. "d) Specific Design Standards - The following specific design standards shall apply to all special activities: "1. Banners/Signs - Banners/signs may be permitted provided they do not exceed a maximum dimension of 10 feet in length and 3 feet in width with a total square footage of 20 feet. 112. Location and Color - All banners/signs shall be located in such a manner consistent with Section 9-3.603 (Signs). Color of all signs and banners shall be approved by the Department of Community Planning and Development. "3. Centerwide Event - If the special activity includes multiple tenants of a commercial center or plaza, all signs and banners shall be of a similar size, color, and lettering style. This requirement includes all window signs related to the event. In the case of center or plaza events, the maximum banner/sign size for individual participants would be 18 square feet (same dimension maximums as per above) with a common center or plaza event identification not to exceed 30 square feet, with maximum dimensions not exceeding 10 feet in length and 3 feet in width. =0 rut 114. Time Limitation (Signs/Banners) - Signs and banners identifying the event may be placed on-site no earlier than three (3) days prior to the designated activity and shall be removed immediately after the special activity. 115. Flags - The use of flags is strictly prohibited. "e) General Conditions of Approval - The following general operational conditions shall be applied to all Special Activity Permits: "1. Activities shall be restricted to that portion so designated on the site plan. "2. Adequate space shall be provided on walkway for passage of pedestrian traffic (minimum five feet). 113. Displays to be removed by 10:00 P.M. on last day of activity. 114. Activities shall be confined to sale of specified goods only. 115. Additional conditions as determined by the Department of Community Planning and Development as necessary to protect the public's health, safety, and welfare. "f) Exempted Activities - The following promotional activities are hereby exempted from the above provisions: "1. Special promotional activities conducted by nonprofit community organizations. All such activities shall require a Temporary Use Permit in accordance with Section 9-3.608 of the Municipal Code." SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. -4- 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 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. March ATTEST: PASSED, APPROVED AND ADOPTED this 1985 =&4 9th day cif STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, 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. 532 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on February 19 , 1985 , and adopted at a meeting held on March 5 1985 , by the following vote: AYES: Councilmen Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Friess ABSENT: None (SEAL) MARY ANN E NOVER, CITY CLERK- -5-