Ordinance Number 1016 ORDINANCE NO. 1016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 4 OF CHAPTER 3
OF TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH AN
ECONOMIC PRESERVATION OVERLAY DISTRICT PROVIDING
FLEXIBLE TEMPORARY SIGN STANDARDS TO ASSIST
BUSINESSES CITY-WIDE 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 temporary relief 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; and
Whereas, the Municipal Code authorizes banners to include one per business,
not exceeding 48 square feet in area, not to exceed 45 days per year total, and banners
L I must be mounted on a building facade; and
Whereas the Municipal Code authorizes portable signs (i.e. A-frame, sandwich
board, ground, etc.) to include one per business not exceeding 4'-6" in height, five
square feet in area and located within 50 feet of the main entrance; and
Whereas, the Municipal Code authorizes temporary window signs, provided they
do not exceed 25% of the total window area; and
Whereas, the City Council determines that the 1-5 / Ortega Interchange Project
merits consideration of measures to support the vibrant business climate in San Juan
Capistrano.
Whereas, the City Council finds that granting flexible temporary sign standards
including size, number, location, and time limits are reasonable to protect businesses
and are beneficial for the public and economic welfare of the San Juan Capistrano
community; and
Whereas Title 9, Chapter 3, Article 4 of the Municipal Code includes
Environmental Overlay Districts to address special land use circumstances; and
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Whereas, the City Council desires to amend Title 9, Chapter 3, Article 4 of the
Municipal Code, which is part of the City's Land Use Code, to create an Economic
Preservation Overlay District (EP); and
Whereas, amendments to the Land Use Code must be adopted pursuant to the
procedure set forth at Section 9-2.309 of the San Juan Capistrano Municipal Code,
which prescribes a method of repealing, amending, and adding portions of the Land
Use Code; and
Whereas, City staff prepared proposed amendments to Title 9, Chapter 3, Article
4 of the Municipal Code as set forth below in Section 3 of this Ordinance ("Proposed
Amendments"); and
Whereas, on April 22, 2014, the Planning Commission for the City of San Juan
Capistrano held a duly noticed public hearing pursuant to Section 9-2.302(f) of the
Municipal Code to consider the Proposed Amendments and after that hearing, the
Planning Commission adopted a resolution recommending to the City Council approval
of the Proposed Amendments, including findings supporting its recommendation; and
Whereas, on June 3, 2014, the City Council held a duly noticed public hearing
pursuant to Section 9-2.302(f) of the Municipal Code to consider the Proposed
Amendments and public testimony on the Proposed Amendments and has considered
all relevant public testimony; and
Whereas, the record of proceedings on which the City Council's decision is
based is located at City Hall for the City of San Juan Capistrano, located at 32400
Paseo Adelanto, San Juan Capistrano, California and the custodian of record of
proceedings is the City Clerk.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano hereby
ordains as follows:
SECTION 1. The above recitations are true and correct and are adopted as the
findings of the City Council.
SECTION 2. Findin s. The City Council hereby finds:
1. The Land Use Code Amendment conform with the goals and policies of the
City's Genera/Plan: The Community Design Element of the General Plan sets
forth goals and policies to ensure that the design of this community be of the
highest quality, and that accessory facilities, including signs, be compatible with
the overall theme, and do not create visual blight that detracts from the quality of
the environment and an individual's perception of the City. Consistent with these
goals and policies, the Land Use Code Amendments granting relief for temporary
sign regulations includes standards to limit the size, type, and location of signs in
order to minimize their distracting effect on pedestrians and motorists, prevent
citizens or guests from being subjected to excessive competition for their visual
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attention, and preserve the City's "small village, rural atmosphere" while
1 supporting the vitality of the business community through the economic
disruptions associated with the 1-5/01tega Highway Interchange Project.
2. The Land Use Code Amendments are necessary to implement the General
Plan and to provide for public safety, convenience, and/or general welfare.
The Land Use Code Amendments implement part of the Community Design
Element's Community Design Plan, which specifically contemplates the adoption
of regulations relating to the design. and placement of signs (including temporary
signs). Permitting signs that provide relief from the economic impacts of the
Interchange Project while continuing to regulate the placement, spacing, size and
duration of temporary signs will also provide for public safety, convenience and
the general welfare by minimizing the aesthetic impact and safety hazards
associated with temporary signs.
3. The Land Use Code Amendments conform with the intent of the
Development Code and are consistent with other applicable related
provisions thereof. The Land Use Code Amendments are consistent with the
intent of the Development Code to encourage quality allowing for temporary
signs that increase clarity and consistency in the City's regulations relating to
temporary signs.
4. The Land Use Code Amendments are reasonable and benericial at this
time. Temporary signs have a strong visual impact on the character and quality
of the community as they are a prominent part of the scenery, attract or repel the
viewing public, and set the tone of neighborhoods and districts. The City relies on
its scenic beauty to invite tourism and commerce and aesthetic considerations
that promote economic value. The Land Use Code Amendments are reasonable
and beneficial because they minimize the aesthetic impact and safety hazards
associated with temporary signs while protecting individual freedom of
expression and enhancing the commercial viability of businesses impacted by
the 1-5/0rtega Highway Interchange project.
SECTION 3. Ordinance Amendment. Title 9, Chapter 3, Article 4 is hereby
amended to establish Section 9-3.413 Economic Preservation District (EP)..
This Overlay District shall be city-wide and set forth the following standards:
Banner Regulations: Each business shall be allowed a maximum of two
banners, maximum 48 square feet in area, shall be installed only on a building fagade or
fence, maximum display time shall be 90 days each banner that 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.):
J Shall conform to current standards (i.e. maximum 4'-6" height, five square feet in area)
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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.
Fee Exemption: Temporary Signs compliant with the standards established by
this Ordinance shall be exempt from permits and fees.
Permanent Signs: Are not included in these regualtions and remain subject to
provisions set forth in Municipal Code Section 9-3.543 and/or applicable sign programs.
SECTION 4. Effective Date and Expiration. This Ordinance shall be in full force
and effect thirty (30) days after its adoption and shall remain in effect until December
31, 2015.
SECTION 5. 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 6. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase, or portion of this Ordinance 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 or effectiveness of the remaining
portions of this Ordinance or any part thereof. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that
any one or more section, subsection, subdivision, sentence, clause or phrase would be
declared invalid, unconstitutional or unenforceable. To this end, the provisions of this
Ordinance are declared to be severable.
SECTION 7. City Clerk's Certification. The City Clerk shall certify to the passage
and adoption of this Ordinance, and shall cause the same to be published in the manner
required by law, and shall cause this Ordinance and its certification, together with proof
of publication, to be entered into the Book of Ordinances of the City of San Juan
Capistrano.
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PASSED, APPROVED, AND ADOPTED this 17I" day of June 2014.
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AM L VA 0, MAYOR
ATTEST:
MARIA S
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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. 1016 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 3rd day of June 2014, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 171" day of June
2014,b y the following vote, to wit:
AYE UNCIL MEMBERS: Byrnes, Kramer, Reeve, Allevato and Mayor Taylor
NO UNCIL MEMBERS: None
AB UNCIL MEMBERS: None
MAPjArj�R18,1CITY RK
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 12" day of June 2014, 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, AMENDING ARTICLE 4 OF CHAPTER 3
OF TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH AN ECONOMIC
PRESERVATION OVERLAY DI TRICT PROVIDING FLEXIBLE
TEMPORARY SIGN STANDARDS T ASSIST BUSINESSES CITY-WIDE
DURING CONSTRUCTION OF H 4 1-5 / ORTEGA HIGHWAY
INTERCHANGE PROJECT
This document was posted in the Office of the ler
M RI RIS, CI C RK
San Juan C pistrano, fo 'a
6
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 24" day of June 2014, 1 caused to be posted a certified copy of Ordinance No.
1016, adopted by the City Council on June 17, 2014, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 4 OF CHAPTER 3
OF TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH AN ECONOMIC
PRESERVATION OVERLAY DISTRICT PROVIDING FLEXIBLE
TEMPORARY SIGN STANDARDS TO AS STB INESSES CITY-WIDE
DURING CONSTRUCTION OF TH I- / ORTEGA HIGHWAY
INTERCHANGE PROJECT
This document was posted in the Office of the it e
_ MARIA M 1 , Cl L K
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