Ordinance Number 963Is we] I0T_1,21Ly ►L 'I .'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.318 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO
COMMERCIAL VEHICLE RESTRICTIONS.
The City Council of the City of San Juan Capistrano, California, DOES
HEREBY ORDAIN as follows:
SECTION 1. Section 4-6.318 of the San Juan Capistrano Municipal Code is hereby
amended to read as follows:
Sec. 4-6.318. Commercial vehicles: Restrictions: Exceptions.
The provisions of subsections (a) and (b) of Section 4-6.317 of this article shall not
apply to the following:
(a) Pickup Trucks, as defined by Section 479 of the California Vehicle Code,
unless: (1) goods, wares, or property of a commercial nature are loaded thereon
extending above the manufacturer's box (pickup bed); or (2) sideboards, stakes, above
cab racks, or other extensions used for the transportation of goods, wares, or property
of a commercial nature are mounted or affixed to the manufacturer's box; this shall not
include campers, camper shells, or mounted tool boxes; or (3) the standard bed of the
vehicle has been replaced with a utility or stake bed; or (4) the vehicle has been
modified to include a rack extending over the length of the manufacturer's box which
currently has goods, wares, or property of a commercial nature stored; or (5)
advertising, business logos, or other markings are affixed to the vehicle, not including
the front driver and passenger's door, which are of a business or commercial nature.
(b) Motor vehicles commonly referred to as "vans," meeting the definition of
Section 260 of the. California Vehicle Code and displaying a commercial license plates
per Section 5000(b) of the California Vehicle Code unless: (1) the vehicle has been
modified to include a rack extending over the length of the vehicle's body which
currently has goods, wares, or property of a commercial nature stored; or. (2)
advertising, business logos, or markings are affixed to the vehicle, not; including the
front driver and passenger's door, that are of a business or commercial nature.
(c) Any commercial vehicle that is actively being loaded or unloaded, making
pickups or deliveries of goods, wares, or merchandise from, or to, any building or
structure or land may park for a period not to exceed two (2) hours in one day.
(d) Any commercial vehicle parked on a public street, or highway; when used in
an actual and bona fide repair, alteration, remodeling, or construction of any building or
structure; or to perform repairs of an emergency nature on the motor vehicle itself, or
s �.
when such vehicle is parked in connection with, or in aid of the performance of a service
to or on a property in the block in which such vehicle is parked, may park for a
maximum of twelve (12) hours in one day, between the hours of 7:00 am and 7:00 pm.
(e) Passenger buses under the jurisdiction of the Public Utilities Commission of
the State.
SECTION 2. Effective Date. The regulations adopted by this ordinance shall not apply
to construction for which a valid permit has been issued as of the effective date of this
ordinance.
SECTION 3. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause or phrase thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 4. 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.
PASSED, APPROVED, AND ADOPTr-D this 1"i day of December, 2009.
ATTEST:
MARIA MORRIS, U Y CLERK
STATE OF CALIFORNIA
DR. LONDRES USO, MAYOR
2 0963
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 963 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 17th day of November 2909 and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 1st day of
December 2009 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese, and Mayor Uso
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
_Nk-t�lv
MARIA MORRI• , ON Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
AFFIDAVIT OF POSTING
I, MARIA MORRIS, 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 18th day of
November 2099, at least 5 days prior to December 1, 2099, the date of adoption of the
ordinance, I caused to be posted, in the City Clerk's Office a certified copy of the
proposed Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.318 OF THE
SAN JUAN CAPISTRANO MUNICIPAL. CODE PERTAINING TO
COMMERCIAL VEHICLE RESTRICTIONS.
MARIA MORRIS, bl-- Y CL RK
San Juan Capistrano, California
3 0963
STATE OF CALIFORNIA j
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO
I, MARIA MORRIS, declare as follows; That I am the duly appointed and qualified
Acting 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 3`d day of
December 2009 I caused to be posted, in the City Clerk's office, a certified copy of
Ordinance No. 963, adopted by the City Council on December 1, 2009 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.318 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO
COMMERCIAL VEHICLE RESTRICTIONS.
E
MARIA MORRIS, GI Y CL RK
San Juan Capistrano, California
4 0963