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Ordinance Number 992ORDINANCE NO. 992 AN 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 45 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 ordinance and determined the ordinance is exempt from the California Environmental Quality Act(CEQA) guidelines pursuant to a Class 1 Exemption (existing facilities). 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 Siqns May be Displayed. Notwithstanding the maximum time periods established by Section 9-3.543 and 9-3.547 of the San Juan Capistrano Municipal Code, the Development Services Department may issue permits for automobile dealership promotional signs for periods 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. shall cause this Ordinance to be published as required by law. SECTION 3. 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 4. 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. PASSED, APPROVED AND ADOPTED is 61h day of March 12. RRY K ER, MAYOR AMT: . D MAR4A MORIWSTLERK 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 Ordinance No. 992 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 21st day of February 2012, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 6th day of March 2012, by the following vote, to wit: AYES: COUNCIL MEMBERS: Freese, Reeve, Allevato, Taylor and Mayor Kramer NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 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 22nd day of February 2012, 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 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. This document was posted in the Office of the City Clerk L9A" MO I CLERK San Juan Capistrano, California 3 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 9" day of March 2012, 1 caused to be posted a certified copy of Ordinance No. 992, adopted by the City Council on March 6, 2012, entitled: AN 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. This document was posted in the Office of the City Clerk M ORRI'S, kyCLERK San Juan Capistrano, California ^7