Ordinance Number 920ORDINANCE NO. 920
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING INTERIM RULES
REGULATING THE APPROVAL PROCESS FOR AND CONSTRUCTION
OF BUILDING -MOUNTED SIGNS AND MONUMENT SIGNS
The City Council of the City of San Juan Capistrano hereby ordains as follows:
Section 1. Findings and Intent.
(1) Building -mounted sign regulations under the Municipal Code have not been
reviewed or updated in a number of years. The City Council finds that existing
building mounted and monument sign regulations allow excessively large size
area and only minimal building locational restrictions without sufficient regulatory
control over aesthetic impacts from signage. The effect of the existing
regulations has resulted in the installation of building mounted signs in
commercial and office districts which have caused or may cause adverse visual
blighting conditions throughout the community.
' In addition, the Planning Commission at its meeting of April 24, 2007
recommended td the City Council that it enact an urgency ordinance to prohibit
issuance of sign permits for a variety of commercial signage in the community
under the current city sign regulations pending development of updated sign
regulations.
(2) Accordingly, the City Council has concluded that in order to protect the public
health and safety, it is necessary to establish interim signage rules as set forth
below and further that a planning study be immediately commenced by the
Planning Department for the purpose of reviewing and revising existing sign
regulations to address the City Council's concerns over visual blight upon the
community as described in subpart (a).
(3) Pending completion of the planning study, the City Council hereby establishes
the following interim regulations for building mounted signs.
Section 2. Establishment of Interim Rules for Building -Mounted Signs &
Monument Signs.
' Beginning on the effective date of this ordinance, notwithstanding any provisions of
Sections 9-2.343 and 9-3.543 of the Land Use Code to the contrary, all sign permit
applications for building mounted and wall projecting signs, and monument signs as
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described below in all commercial and retail zoning districts shall be subject to the
following requirements:
(1) Owner/Tenant Proposed Change in Existing Sign Copy. Where an owner or
tenant proposes replacement sign copy within the same existing sign structure or
at the same sign location, the sign application shall be reviewed and acted upon
by the Planning Director in accordance with the existing sign standards set forth
in Municipal Code section 9-3.543.
(2) Owner/Tenant Proposed New Signage or Change To Existing Sign Copy
Exceeding or Altering Existing Sign Footage or Location. Where an owner
and/or tenant proposes new signage, or a change to existing sign copy
exceeding the existing sign square footage, or alteration of sign location for
building mounted signs, projecting wall signs, or monument signs, a sign permit
approval for such signage shall be subject to Planning Commission review and
approval,in accordance with the following procedure:
(a) The Planning Commission shall have the authority to approve,
conditionally approve, or deny the application in applying the criteria and
making the required findings as set forth is subpart (b);
(b) (i) that the proposed sign(s) will not adversely affect neighboring
residential and commercial properties by incorporating general
architectural considerations, including character, scale, and quality of
the design, architectural relationship with the site, and other building
materials, colors, lighting, and similar elements, so as to insure the
compatibility of the proposed sign(s) with the character of surrounding
properties.
(ii) that the proposed sign(s) shall be located on the same building wall
as the main entry of the business to be identified.
(iii) that the proposed sign(s) does not conflict with any of the proposed
sign standards set forth in Municipal Code section 9-3.543.
(iv) that the proposed sign(s) are consistent with the Community Design
Element of the General Plan.
(v) that the proposed sign(s) does not jeopardize traffic safety by
containing elements which drawn driver attention away from the
road.
(vi) that the proposed sign(s) does not have an unusual visual impact on
surrounding areas due either to unique location of the signing or
nature of the sign design composition.
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(c) A decision of the Planning Commission may be appealed to the City
Council within the time constraints of Municipal Code section 9-2.343.
(3) Scope of Application. These interim rules shall apply to all proposed sign
applications described herein filed with the City after the effective date of this
ordinance; or to any pending sign applications, or to approved sign applications
which are subject to pending administrative appeal processes.
Section 3. Statutory Findings.
The City Council finds and determines that there is a current and immediate threat to
the public health, safety, and general welfare in that existing building mounted sign
regulations allow excessively large size area, too many signs, potentially excessive
lighting, and only minimal building locational restrictions and that the effect from these
rules has been the issuance of signage in some instances to have caused adverse
visual blighting conditions within the community; further that approval of further sign
programs, sign permits, or building permits relating to building mounted signs without
additional regulatory review as provided for in this interim ordinance would result in a
threat to the public health, safety and general welfare. These findings are made
' pursuant to the requirements of Government Code section 65858.
Section 4. Effective Date.
Pursuant to Government Code Section 65858, this interim urgency ordinance shall take
effect and be in force immediately and shall remain in effect for a period of 45 days,
unless otherwise extended by the City Council pursuant to the requirements of section
65858.
Section 5. Penalty Provision.
Any person, firm; or corporation violating any provision of this ordinance shall be guilty
of a misdemeanor. Pursuant to Municipal Code section 1-2.03, the City Attorney is
alternatively authorized to bring a civil action to enforce any violation of this ordinance.
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Section 6. Severability.
The provisions of this ordinance are hereby declared to be severable and if any
provision, sentence, clause, section, or part hereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity,
unconstitutionality or inapplicability shall not affect or impair any of the remaining
provisions, sentences, clauses, or parts of this ordinance or their application to persons
and circumstances.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
METHUEN•in F.Wel'
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Urgency Ordinance No. 920
which was adopted at the adjourned meeting of the City Council of the City of San Juan
Capistrano, held on May 9, 2007 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Nielsen, Hribar, Uso, Soto and Mayor Allevato
NOES COUNCIL MEMBERS: None
TABSECOCIL MEMBERS: None
f N AH N, /City rfprk
Page 4 of 4 ���
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 9`h day of May 2007 1 caused to be
posted a certified copy of Ordinance No. 920, adopted by the City Council on June 9, 2007
entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN
ESTABLISHING INTERIM RULES REGULATING
FOR AND CONSTRUCTION OF BUILDIN
MONUMENT SIGNS i
This document was posted in the Office of the City
San Juan
CAPISTRANO, CALIFORNIA,
THE APP OVAL PROCESS
G-MOUNTVD SIGNS AND