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Ordinance Number 920ORDINANCE NO. 920 AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING INTERIM RULES REGULATING THE APPROVAL PROCESS FOR AND CONSTRUCTION OF BUILDING -MOUNTED SIGNS AND MONUMENT SIGNS The City Council of the City of San Juan Capistrano hereby ordains as follows: Section 1. Findings and Intent. (1) Building -mounted sign regulations under the Municipal Code have not been reviewed or updated in a number of years. The City Council finds that existing building mounted and monument sign regulations allow excessively large size area and only minimal building locational restrictions without sufficient regulatory control over aesthetic impacts from signage. The effect of the existing regulations has resulted in the installation of building mounted signs in commercial and office districts which have caused or may cause adverse visual blighting conditions throughout the community. ' In addition, the Planning Commission at its meeting of April 24, 2007 recommended td the City Council that it enact an urgency ordinance to prohibit issuance of sign permits for a variety of commercial signage in the community under the current city sign regulations pending development of updated sign regulations. (2) Accordingly, the City Council has concluded that in order to protect the public health and safety, it is necessary to establish interim signage rules as set forth below and further that a planning study be immediately commenced by the Planning Department for the purpose of reviewing and revising existing sign regulations to address the City Council's concerns over visual blight upon the community as described in subpart (a). (3) Pending completion of the planning study, the City Council hereby establishes the following interim regulations for building mounted signs. Section 2. Establishment of Interim Rules for Building -Mounted Signs & Monument Signs. ' Beginning on the effective date of this ordinance, notwithstanding any provisions of Sections 9-2.343 and 9-3.543 of the Land Use Code to the contrary, all sign permit applications for building mounted and wall projecting signs, and monument signs as S Page 1 of 4 described below in all commercial and retail zoning districts shall be subject to the following requirements: (1) Owner/Tenant Proposed Change in Existing Sign Copy. Where an owner or tenant proposes replacement sign copy within the same existing sign structure or at the same sign location, the sign application shall be reviewed and acted upon by the Planning Director in accordance with the existing sign standards set forth in Municipal Code section 9-3.543. (2) Owner/Tenant Proposed New Signage or Change To Existing Sign Copy Exceeding or Altering Existing Sign Footage or Location. Where an owner and/or tenant proposes new signage, or a change to existing sign copy exceeding the existing sign square footage, or alteration of sign location for building mounted signs, projecting wall signs, or monument signs, a sign permit approval for such signage shall be subject to Planning Commission review and approval,in accordance with the following procedure: (a) The Planning Commission shall have the authority to approve, conditionally approve, or deny the application in applying the criteria and making the required findings as set forth is subpart (b); (b) (i) that the proposed sign(s) will not adversely affect neighboring residential and commercial properties by incorporating general architectural considerations, including character, scale, and quality of the design, architectural relationship with the site, and other building materials, colors, lighting, and similar elements, so as to insure the compatibility of the proposed sign(s) with the character of surrounding properties. (ii) that the proposed sign(s) shall be located on the same building wall as the main entry of the business to be identified. (iii) that the proposed sign(s) does not conflict with any of the proposed sign standards set forth in Municipal Code section 9-3.543. (iv) that the proposed sign(s) are consistent with the Community Design Element of the General Plan. (v) that the proposed sign(s) does not jeopardize traffic safety by containing elements which drawn driver attention away from the road. (vi) that the proposed sign(s) does not have an unusual visual impact on surrounding areas due either to unique location of the signing or nature of the sign design composition. Page 2 of 4 SP (c) A decision of the Planning Commission may be appealed to the City Council within the time constraints of Municipal Code section 9-2.343. (3) Scope of Application. These interim rules shall apply to all proposed sign applications described herein filed with the City after the effective date of this ordinance; or to any pending sign applications, or to approved sign applications which are subject to pending administrative appeal processes. Section 3. Statutory Findings. The City Council finds and determines that there is a current and immediate threat to the public health, safety, and general welfare in that existing building mounted sign regulations allow excessively large size area, too many signs, potentially excessive lighting, and only minimal building locational restrictions and that the effect from these rules has been the issuance of signage in some instances to have caused adverse visual blighting conditions within the community; further that approval of further sign programs, sign permits, or building permits relating to building mounted signs without additional regulatory review as provided for in this interim ordinance would result in a threat to the public health, safety and general welfare. These findings are made ' pursuant to the requirements of Government Code section 65858. Section 4. Effective Date. Pursuant to Government Code Section 65858, this interim urgency ordinance shall take effect and be in force immediately and shall remain in effect for a period of 45 days, unless otherwise extended by the City Council pursuant to the requirements of section 65858. Section 5. Penalty Provision. Any person, firm; or corporation violating any provision of this ordinance shall be guilty of a misdemeanor. Pursuant to Municipal Code section 1-2.03, the City Attorney is alternatively authorized to bring a civil action to enforce any violation of this ordinance. SVI Page 3 of 4 Section 6. Severability. The provisions of this ordinance are hereby declared to be severable and if any provision, sentence, clause, section, or part hereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, or parts of this ordinance or their application to persons and circumstances. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) METHUEN•in F.Wel' I, MARGARET R. MONAHAN, 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. 920 which was adopted at the adjourned meeting of the City Council of the City of San Juan Capistrano, held on May 9, 2007 by the following vote, to wit: AYES: COUNCIL MEMBERS: Nielsen, Hribar, Uso, Soto and Mayor Allevato NOES COUNCIL MEMBERS: None TABSECOCIL MEMBERS: None f N AH N, /City rfprk Page 4 of 4 ��� STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) I, MARGARET R. MONAHAN, 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`h day of May 2007 1 caused to be posted a certified copy of Ordinance No. 920, adopted by the City Council on June 9, 2007 entitled: AN ORDINANCE OF THE CITY OF SAN JUAN ESTABLISHING INTERIM RULES REGULATING FOR AND CONSTRUCTION OF BUILDIN MONUMENT SIGNS i This document was posted in the Office of the City San Juan CAPISTRANO, CALIFORNIA, THE APP OVAL PROCESS G-MOUNTVD SIGNS AND