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Ordinance Number 710ORDINANCE NO. 710 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.603 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE DEALING WITH TEMPORARY SIGNS ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. TEMPORARY SIGNS. Section 9-3.603 is revised as follows: Table 3 - 4, Summary of Matrix Signs Permitted For Each Use Or Establishment, is revised to permit temporary signs in all districts. Those signs may not exceed 6 feet in height or 6 square feet in maximum. Section 9-3.603(8) 2 (a) is hereby revised to read as follows: (al) Definition. A "Temporary Sign" is any sign, handbill, or poster which is not designed or intended to be placed permanently, identifying a non-commercial activity. Examples of temporary signs include, but are not limited to, signs, handbills or posters relating to garage sales, political candidates or ballot measures, and the like. (am) Legislative Findings. The City Council finds as follows: 1) Aside from Section 9-3.603 (Special Activities) which regulates commercial and non-profit organization temporary signs, the placement of temporary signs on private property are not regulated by this article, and are therefore not subject to design review or approval as to their size, shape, color, design or placement. The lack of regulation of temporary signs has, in the past, led to visual clutter within the community and aesthetic blight. At times, temporary signs pose traffic safety hazards. 2) The regulations, prohibitions, or restrictions specified in this section are necessary to prevent visual clutter, blight, and traffic safety hazards caused by temporary signs placed on private property. (an) Posting Allowed on Private Property. Temporary signs permitted in this section may be posted on private property, subject to the permission of the private property owner and subject to the following restrictions: (1) Each temporary sign may not exceed six (6) square feet in area. (2) Each temporary sign may not exceed six (6) feet in height if free standing. Signs may not be mounted above eaves, if building mounted. (3) Each temporary sign must have the following information listed in the lower right corner of the sign. (a) The name of a natural person who will be responsible for removing the temporary sign, (b) a phone number where this person may be reached, and (c) the date of posting. -1- i 03 (4) Temporary -window signs shall not cover more -than 25% of the area of the window in which they are placed. (5) Temporary signs cannot be illuminated, revolve, or otherwise function with mechanical parts or devices. (6) Flags, valances, pennants, lights or other similar attraction devices which are accessory to temporary signs are prohibited. (7) Temporary signs may not be supported, in whole or in part, from any tree, telephone pole or utility installation on private property. (8) Temporary signs may be posted no more than 30 days prior to the event or activity which they notice. (9) Temporary signs shall be placed no less than fifty (50) feet apart from identical or substantially similar temporary signs, and in no case shall more than one temporary sign be allowed per parcel. (am) Removal of Illegally Sized Signs, Illegally -Affixed Signs, (1) Temporary signs placed on private property which obstruct the visibility of traffic, street signs, signals or emergency equipment, and are determined by the Director of Building & Engineering to pose a hazard to public safety, are subject to immediate removal by City employees. (2) Temporary signs removed in accordance with paragraph (1) above, shall be stored and the owner notified in accordance with written administrative procedure. (3) Temporary signs improperly marked in accordance with sub -section (an) 3, or which are illegally sized, or illegally affixed, or which are illegally located, are subject to removal by City employees upon 24-hour notice. A notice of removal will be affixed to the illegal sign during this 24-hour period. A reasonable attempt will be made to notify the sign owner of the violation and the need to remove the illegal sign. (4) An owner of an illegal temporary sign given notice to remove the sign may file a written request for an administrative hearing by the Director of Planning, if he or she disputes whether the sign is illegal. This written request must be filed prior to the expiration of the 24-hour period of notice. The sign will not be removed until the administrative hearing is conducted. (5) The Director of Planning must hold an administrative hearing within 72 hours of receipt of written request to consider whether the sign is illegal. If the Director of Planning finds that the sign does not meet all applicable requirements of the Municipal Code for temporary signs, the sign shall be removed within 24 hours. If the sign is not removed, the City will cause the sign to be removed and it will be stored at City offices in accordance with written administrative procedure. (6) If the Director of Planning finds that the sign does not violate applicable provisions of the Municipal Code, it may remain, subject to all other provisions of this section. -2- Any temporary sign posted or otherwise affixed in violation of this section may be removed by officers of the police, Building Inspectors, Public Lands and Facilities employees, or by a Code Enforcement Officer. (ao) Destruction of Signs. Any temporary sign removed by the City may be considered abandoned if it is not retrieved within seven (7) calendar days after the date of such removal, and may be disposed of by the City without liability therefor to any person. (ap) Procedures for Owner Notification, Removal, Storage and Destruction of Signs. Written procedures for the notification of sign owners of violations, removal and storage and destruction of temporary signs will be established administratively. passage. SECTION 2. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its SECTION 3. City Clerk's 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 is 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 ADOPTED this 18th day of August 1992. - — [L JON S, MA OR ATTEST: CITY CLERI -3- MA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 710 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on August 4th, 1992 , and adopted at a meeting held on August 18th 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez, and Mayor Jones NOES: None ABSENT: None (SEAL) 2,-l L� /yfQa'_ r2 �. RYL JO ,, CIS Cf