Ordinance Number 1002ORDINANCE NO. 1002
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING FLEXIBLE
TEMPORARY SIGN STANDARDS TO ASSIST BUSINESSES DURING
CONSTRUCTION OF THE 1-5 / ORTEGA HIGHWAY INTERCHANGE
PROJECT
Whereas, Section 9-3.543 of the San Juan Capistrano Municipal Code sets forth
regulations and standards for signs; and
Whereas, the business community has requested a temporary reprieve from the
strict application of the sign regulations pertaining to temporary signs to protect and
assist local businesses in promoting economic activity in the City during the construction
of the 1-5 / Ortega Highway Interchange Project; and
Whereas, temporary signs include banners, portable signs, A -frame signs,
sandwich boards, ground signs, and temporary window signs.
Whereas, the Municipal Code authorizes banners, portable signs (i.e. A -frame,
sandwich board, ground, etc.), and temporary window signs upon the terms and
standards set forth therein; and
Whereas, the City Council determines that the 1-5 / Ortega Interchange Project
will have significant impacts on businesses within the City limits and additional
advertising will be critical during construction; and
Whereas, the City Council finds that granting flexible temporary sign standards
including size, number, location, and time limits are reasonable to protect businesses
and would be beneficial for the public and economic welfare of the San Juan Capistrano
community.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano hereby
ordains as follows:
SECTION 1. Flexible Temporary Sign Regulations.
A. Area Subject To Ordinance. Notwithstanding any other provision of the
Municipal Code, this Urgency Ordinance shall apply city-wide.
B. Standards. Temporary signs may be permitted as follows:
Banner Regulations: Each business shall be allowed a maximum of two
banners with a maximum area of forty-eight (48) square feet in area, which may be
installed only on a building fagade or fence for a maximum display time of ninety (90)
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days for each banner. The display time for each banner may be divided into not more
than three consecutive time periods of up to 30 days.
Portable Sign Regulations (i.e. A -Frame, sandwich board, ground, etc.):
Shall conform to current standards (i.e. maximum 4'-6" height, five square feet in area)
except such signs may be located further than 50 feet from main entrances subject to
administrative approval by the Development Services Director or his designee.
Temporary Window Sign Regulations: Shall not exceed 50% of the total
window area.
Downtown Business Approved Banner Template: Shall be exempt from
permit and fees but shall be subject to time, size and location regulations. Such
template shall be approved by the Development Services Director for design to include
font and colors.
Private Property Only: Temporary signs shall not be located within the public
right-of-way or on public property and may only be authorized on private property.
On -Site Advertising Only: Temporary signs shall only be installed on the same
legal lot upon which the business that is being advertised is physically located and
doing business. Off-site advertising is not permitted by this ordinance.
Property Owner Permission Required: Temporary signs may only be installed
with permission of the property owner.
NOTE: Permanent signs are not included in this ordinance and shall remain
subject to provisions set forth in Municipal Code Section 9-3.543 and/or applicable sign
programs.
SECTION 2. Urgency. This Urgency Ordinance is necessary for the immediate
protection of the public health, welfare, and general safety in that many businesses in
the City may experience significant economic impacts of the 1-5 / Ortega Highway
Interchange Project. These provisions will assist with protecting economic activity in the
City and result in a corresponding maintenance of 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 Urgency Ordinance shall take
effect immediately after its adoption and shall remain in effect for forty-five (45) days
until May 31, 2013, after which it shall automatically expire unless extended by the City
Council. The City 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.
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SECTION 4. Environmental Findings. The City Council finds that the adoption of
this Urgency Ordinance is exempt from environmental review under the California
Environmental Quality Act (CEQA) subject to a Class 1 exemption (existing facilities) in
that this Urgency Ordinance allows the continued operation of existing structures or
facilities involving negligible use beyond that existing at the time of the adoption of this
Urgency Ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, clause or phrase of
this Urgency 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 Urgency
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 this/l`�6"' dayjof April 2013.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
JOHN T4YLQR,+'MAYOR
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. 1002
that was adopted and passed at the Regular Meeting of the City Council on the 16th day
of April 2013, by the following vote, to wit:
AYES':{`, COUNCIL MEMBERS: Byrnes, Kramer, Reeve, Allevato and Mayor Taylor
NOES COUNCIL MEMBERS: None
ABSENOUNCIL MEMBERS: None
,'CITY
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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 18th day of April 2013, 1 caused to be posted a certified copy of Urgency
Ordinance No. 1002, adopted by the City Council on April 16, 2013, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING FLEXIBLE
TEMPORARY SIGN STANDARDS TOASSIST BUSINESSES DURING
CONSTRUCTION OF THE 1-5 / ORTE�p /HI, HWAY INTERCHANGE
PROJECT I �f�
This document was posted in the Office of the
MARIA MORRIS, CITY'CLERK
San Juan Capistrano, Califorhja
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