Ordinance Number 967N= Ilk T,I?11341:11111i•L��!I:/
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A TEMPORARY
EXTENSION OF THE MAXIMUM TIME AUTOMOBILE DEALERSHIP
PROMOTIONAL SIGNS MAY BE DISPLAYED.
Whereas, San Juan Capistrano's major tax generating business segment,
automobile dealerships, continue to be plagued by a poor economic climate; and
Whereas, San Juan Capistrano relies on automobile sales tax revenue to fund
public health and safety expenses; and
Whereas, automobile dealership businesses rely on promotional and marketing
materials to stimulate sales activity; and
Whereas, automobile dealership inventory is primarily on display in outdoor lots;
and
Whereas, Section 9-3.543 of the San Juan Capistrano Municipal Code limits
permits for temporary business promotional signs for maximum periods of up 32 days
per year; and
Whereas, the automobile dealerships have requested a temporary reprieve from
the strict application of the sign regulations pertaining to temporary business
promotional materials to assist their businesses in promoting their products in the city;
and
Whereas, the City Council finds that granting a temporary extension of the
maximum time promotional signs may be displayed is necessary and beneficial for the
economic welfare of the San Juan Capistrano community; and
Whereas, the Environmental Administrator has evaluated the urgency ordinance
and determined the ordinance is exempt from the California Environmental Quality
Act(CEQA) guidelines pursuant to a Class 1 Exemption (existing facilities); and
Whereas, the City Council has determined an extension of the urgency ordinance
for 180 days would be in the interest of the City and automobile dealerships and
provides sufficient time to submit applications for amendments to their sign programs.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, California,
does hereby ordain as follows:
SECTION 1. Temporary Extension of Maximum Time Business
Promotional Signs May be Displayed_.
Notwithstanding the maximum time periods established by Section 9-3.543 and
93.547 of the San Juan Capistrano Municipal Code, the Community Development
Department may issue permits for automobile dealership promotional signs for periods
0 967
of up to one hundred eighty (180) days, provided that the time periods for permits
issued pursuant to this ordinance shall not exceed the period during which this
ordinance is in effect. For example, a permit issued within ninety (90) days of expiration
of this ordinance shall not exceed a time period of ninety (90) days.
SECTION 2. Urgency.
This urgency ordinance is necessary for the immediate protection of the public health,
welfare, and general safety in that automobile dealerships in the City are in need of
additional promotional events and signs to foster promotional business activity in the
City, which would increase economic activity in the City and result in a corresponding
increase in sales tax revenue that would allow the City to continue to provide necessary
and appropriate levels of funding and resources for its governmental programs and
activities.
SECTION 3. Effective Date and Expiration. This Ordinance shall take effect
immediately after its adoption and shall remain in effect until August 20 2010 after
which it shall automatically expire unless sooner extended by the City Council. The Cit
Clerk or the City Clerk's duly appointed deputy shall certify to the adoption of this
Ordinance and shall cause this Ordinance to be published as required by law.
SECTION 4. Environmental Findings.
The City Council finds that the adoption of this ordinance is exempt from environmental
review under the California Environmental Quality Act (CEQA) subject to a Class 1
exemption (existing facilities) in that this ordinance allows the continued operation of
existing structures or facilities involving negligible use beyond that existing at the time of
the adoption of this ordinance.
SECTION 5. 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 anyone or more section, subsection, sentence, clause or phrase would be
declared invalid, unconstitutional or unenforceabl4'_.-.. --- j ~-1
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this 2"d lay of March, 2010.
2 0967
STATE OF CALIFORNIA }
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 Urgency Ordinance No. 967 that
was adopted and passed at the Regular Meeting of the City Council on the 2nd day of
March 2010 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen Freese, and Mayor Uso
NOE C UNCIL MEMBERS: None
ABS N G UNCILMEMBERS: None
MAR444PIR'IS, City
STATE OF CALIFORNIA )
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 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 26th day of February 2010, at least 5 days prior to the
adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A TEMPORARY
EXTENSION OF THE MAXIMUM TIM AUTOMOBILE DEALERSHIP
PROMOTIONAL SIGNS MAY BE DISPVAN ED ,
This document was posted in the Office of th
MARIA MgRRIS, CITY CI RK
San Juan Capistrano, CaI fo nia
3 0967