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Ordinance Number 34111 I hereby certify that the foregoing ordinance was adopted by the City council of the City of Sari Juan Capistrano on the 25th day of September, 1961 by the following votes: AYES: Councilmen: Bathgate, Chermak, Durnford, Olivares and Buchheim. NOES: Councilmen: None. ABSENT: Councilmen: None. City Clerk ORDINANCE NO. 34 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO REGULATING AND CONTROLLING THE DESIGN, CONSTRU _ CTION, ILLUMINATION, LOCATION AND MAINTENANCE OF ALL SIGNS AND SIGN STRUCTURES. The City Council of the City of San Juan Capistrano does ordain as follows: SECTION 101. The purpose of this ordinance is to provide mainimum standards to safeguard life, health, property and public welfare by re- gulating and controlling the design, duality of materials, construction illumination, location and maintenance of all sign and structures. It is not intended to regulate small portable signs inside a building. SECTION 102. DEFINITIONS. A. APPROVAL COMBUSTIBLE MATERIAL shall mean wood or material not more combustible than wood APPROVED PLASTICS shall mean only those plastics, when tested in accordance with American Socity for Testing Materials standard method for test for flammability of Plastics over 0.050 inch in thickness (D634 -44) burn no faster than 2.5 inches per minutes in sheet of 0.060 inch - thickness. B. BUILDING OFFICIAL, the officer or other person charged with the administration and enforcement of the building code, or his duly author- ized representative. C. DISPLAY SURJACE, the surface made available by the structure for the mounting of material to carry the advertising message. D. ELECTRICAL SIGN shall mean any sign which has characters, let- ters, figures, designs, or outline illuminated by electric lights or lu- minous tubes as partofthe sign proper. - E. COMINATION SIGN shall mean any sign incorporating any combination 11 . of the features of gr?und, projecting and roof sign, F. GROUND SIGN, a sign which is supported by one or more poles uprights, or braces in or upon the ground which are not part of the building. G. LOCATION, a lot or premise, bgilding, wall or any place what- soever upon which a sign is erected, constructed or maintained. H. MARQUEE, shall mean a fixed shelter used only as a roof and ex- tending over a building line and which is entirely supported by the bui- lding to -,aheh it is attached. I. MARQUEE SIGN, a sign attached to or hung from a marquee. J. NON -.STRUCTURAL. TRIM, the molding, battens, cappings, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. K. SIGN. Sign is any medium which is used or intended to be used to attract attention to the subject matter for advertising purposes ot- her than paint on the surface of a building. L. ACCESSORY SIGN, means any sign which carries, only advertisements strictly incidental and 'subordinate to a lawful use of the premises on which it is located, including signs or sign devices indicating the bu- siness transacted at, service rendered, goods sold or produced on the premises, name of the business, name of the person, firm or corporation odeupying the premises. M. OUTDOOR ADVERTISING DISPLAY, means any sign or advertisement used as an outdoor display by painting, posting or affixing, emblem, wo- rd, figures, numerals, or lettering for.the purpose of making anything known, advertised or displayed and being remote from its,point of sale. N. PROJECTING SIGN, shall mean a. sign other than a wall sign sus- pended frog or supported by a building or structure and projecting out therefrom. 0. ROOF SIGN shn.11 mean a sign erected upon or above A roof or parapet of a building. P. STRUCTURE, the supports, uprights, bracing and framework of the sign or outdoor display. Q. TF,4POTURY SIGNS, shall include any sign, banner, pennant, val- ance, or advertising display constructed of cloth, canvas, light fabric, iia cardboard, wallboard or other light .qat�rials, with or without £rwaes, intended to be displayed for a short period of time only. R. U.F.C. STA'ID�,RDS, the most recent Edition of the "Uniform Bui- lding Code Standards", also known as "Volume III of the Uniform Buildi- ing Code." S. WALL SIGN shall mean any sign, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the plane of said wall. T. PROJTCTION, shall mean the distance by which a sign extends be- yond a street property line or building line as established by law. U. BUILDING LINE, a building line established ly an ordinance, or any private property bounding a public way. V. CURB LINE, shall be the line of the face of a Curb nearest to the street or roadway. SECTION 201. GENERAL. Except as otherwise provided in this Section no sign sh- all be erected or altered except as provided by this ordinance or until a permit for same has been approved by the Building Official. Application for a sign permit shall be made in writing. Such app- lication shall contain the location by street and number of the proposed sip:n structure as well as the name and address of the occupant and the sign erector. The Planning Commission may require the filing of plans or other Pertinent information where in their opinion such information is necessary to insure compliance with this Ordinance. The provisions and requlations of this Ordinance shall not aoply to the following signs provided such are completely non -electrical. .(1) Real e^tate signs not exceeding twelve (12) square feet in area which advertise the sale,rental or lease of the premises u,on whi- ch said signs are located. (2) Professional name olates not exceeding two (2) square feet in area. (3) Bulletin borads not over twelve (12) .square feet in area for public, charitable or religious institution when the same are located on the premises of said institutions. (4) Signs denoting the architect, engineer or contractor when J-14 placed upon work under construction, nO not exceeding twelve (12) square feet in area. (5) Professional occupation signs denoting only the name and pro- fession of an occupant in a commercial building, public institutional building or dwelling house, and not exceeding four (4) square feet in area for each ocr_uoant therein. (6) Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bron- zeor other incombustible materials. (7) Traffic on other municipal signs, legal notices, or railroad crossing signs as may be.approved by the City Council. (8) Signs of public service companies indicating danger and aids to service and safety. (9) Substantial and permanent signs which do not exceed twelve (12) square feet in area and which do not project over public peoperty more than six (6) inches, provided such signs are located on the premi- sea to which the sign refers. .(10) Painting or repainting of an advertising structure or chang- ing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a struc- tural change is made. (11) Ornamental trim which is made a part of any building or str- uuture is not to be construed as a sign. (12) The above exceptions shall apply only to the requirements of a permit and shall not be construed as relieving the owner of the sign from the responsibility and its compliance with the provisions of this Ordinance or any Code regulating the construction of the same. SECTION 202. RESTRICTIONS AND EXCEPTIONS. 1. No sign or sign structure shall be erected other than those non -electric signs exempted by section 201 unless Land Use Zoning of the property is "C-1" or "M-1", For erection of signs over twelve (12) squ- are feet in other Land Usage Zones, a prior application for a Land Use Variance must be submitted to the City Planning Commission for their approval. 2. Signs not exceeding one hundred (100) square feet in area located 116 within Zones "C-1", "C-2" or "M_1" nay be erected upon securing necessary permits from Building Official. 3. All signs exceeding one hundred (100) square feet in area, whether electrified or not, displaying advertising, etc., pertaining to a use or business located on the same land or premises as that where the sign is displayed, shall obtain prior approval for errection of the said sign from the City Planning Commission in addition to the structural permit required from the Building Official. 4. Any outdoor advertising sign, regardless of square footage, dis- playing lettering, painting, emblems, figures, words, num; orals or pictures erected for the purpose of making anything known, advertised or displayed, and such sign being remote from the location where its advertised product is on sale, may not be erected in or on a location within the City of San Juan Capistrano without the approval of the City Planning Commission. Such request must be presented in Variance Form. 5. Any temporary sign, consisting of banners, pennants, valances, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, may not be erected or displayed without the approval of the City Planning Commission. Requests for such temporary sign should be made to the City Planning Commission in variance form for prior approval. 6. At the discretion of the City Planning Commission, the person or persons advertising signs or temporary signs as classified and restricted in paragraphs four (4) and five (5) of this section, may be required to furnish the City Treasurer with a cash deposit, refundable upon removal of the sign. Should sign not be removed within thirty (30) days of expiration of permit and permit is not renewed, such deposit will be forfeited to the City of San Juan Capistrano. The City of San Juan Capistrano and its authorized agents have the rights of ingress and egress to such sign loca- tion and shall use such forfeited deposit for the purpose of removal of such signs. 7. No sign of any type exceeding twelve (12) square feet in area shall be erected within the area designated by the City of San Juan Capistrano Ordinance No. 31 as the "Mission Area". Anplication for the erection of any signs over twelve (12) square feet in area shall be submitted to the JJ -6 City Planning Commission in the form of a Iand Use Variance for that Commission's consideration, approval or denial. This restriction takes precedent over paragraph one (1) of Section 202, SECTION 203. FRANCHISE FREE. Outdoor advertising structures, as described in section 102, paragraph "M", regardless of context, shall be required to pay an annual City franchise fee, as follows: 0 to 50 square feet $10.00 per face 51 to 100 square feet $20.00 per face For every 50 square feet or fraction thereof over 100 square feet $10.00 per face An additional fee of 10% of basic fee will be charged on all electrical or illuminated signs of the aforesaid catagory. SECTION 204. PROHIBITED LOCATIONS. No sign or sign structure shall project into any public alley whatso- ever below a height of fifteen (15) feet above grade, nor more than twelve (12) inches when over fifteen (15) feet. No sign or sign structure shall be erected in such manner that any portion of its surface will interfere in any way with the free use of any fire escape, exit or standpipe. No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law or ordinance. No sign or structure shall be erected in such a manner that any portion of its surface or support shall be within six (6) feet of overhead electric conductors which are energized in excess of 750 volts. SECTION 205. MAINTENANCE. All signs together with all their support, braces, guys, and anchors shall be kept in repair and in proper state of preservation. The display surface of all signs shall be kept neatly painted or posted. The building official may order the removal of any sign that is not maintained in accordance with the provisions of this section. SECTION 301. ENGINEERING DESIGN AND MATERIALS. Construction specifications of all signs shall be in accordance with the Uniform Building Cole Standards. SECTION 302. PENALTIES. 117 Any prrson violating any of the provisions of this shall be guilty of a misdemeanor and shall Pie punished by a fine not to exceed $500.00 or by imprisonment in the Oounty jail for a period not to exceed six months or by both such fine and imprisonment. If any paragraph, sentence, clause or phrase of t',is Ordinance for any reason is held to he unconstitutional or invalid, ouch shall not aff- ect the remaining portions of this Ordinance and the city council hereby declares it would have passed each paragrapi, sentence, clause and phrase thereof irrespective of the fact that any one or mor^ than one sentence, clause or phrase be declared unconstitutional or invalid. This ordinance shall take effect and be in force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days after the passage thereof, this Ordinance shall be published once in the Coastline Dispatch, a newspaper printed in San Juan Capistrano, County of Orange, State of California, together with the names of the members of the city council. Passed, approved and adopted this 9th day of October, 1961. Mayor of the City o£ San Juan Capistrano ATTEST: City Clerk State of California County of Orange ) as. City of San Juan Capistrano) - I, Ernest A. Thompson, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing and attached Ordinance was funally passed, approved and adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof held on the 9th day of October, 1961. AYES: Councilmen: Bathgate, Chermak, Durnford, Olivares, Buchheim. NOES: Councilmen: done. ASSENT: Councilmen: None. (SEAL)