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Ordinance Number 996ORDINANCE NO. 996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, SECTIONS 9-2.343, SIGN PERMITS, 9-3.543, SIGNS, AND 9-3.547, SPECIAL ACTIVITY PERMIT (SAP) WITH RESPECT TO AUTOMOBILE DEALERSHIP SIGNAGE (CODE AMENDMENT 12-003) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Whereas, the Capistrano Auto Center (CAC) is a local association of automobile dealers comprised of six car dealerships within the City by letter dated March 5, 2012, have requested that City Council initiate an ordinance amending the City's sign standards for automobile dealerships to allow greater choice, flexibility and timeliness in the review and approval of automobile dealership signage; and, Whereas, the Planning Commission of the City of San Juan Capistrano conducted a duly noticed public hearing on the 26th day of June 2012, at which time they considered all public oral and written communications on the proposed Code Amendment and voted on a motion to recommend City Council adoption of the draft Ordinance. The motion failed by a 2-2-1 vote. Whereas, the City Council conducted a duly noticed public hearing on the 17th day of July 2012, and considered all public oral and written communications. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 2. Ordinance Amendments. Section 9-2.343(b)(7), Sign Permits is hereby amended to read as follows: (7) Time period for approval. Sign permits shall be valid for a period of one (1) year from the date of approval. No extensions of time may be granted for sign permits. Upon expiration of a sign permit, submittal of a new sign permit application shall be required. Section 9-2.543(d), Signs is hereby amended to read as follows: (d) Sign Programs. A sign program shall be included in the application for review of any discretionary entitlement that proposes new non-residential office, commercial, service, industrial, and developments with outdoor display and 8/7/2012 sales. Automobile dealerships may submit sign programs at its discretion. Review procedures for sign programs are set forth in Section 9-2.343(c). Section 9-2.543(e)(2), Signs is hereby amended to read as follows: (2) Signs which incorporate moving, flashing, vibrating, smoke emitting, including signs manipulated by individuals, or intermittent lighting; Section 9-2.543(e)(7), Signs is hereby amended to read as follows: (7) Flags, streamers, pennants and other similar attraction devices except as permitted under Section 9-2.547(b)(4), Special Activity Permits for car dealers; Section 9-2.543(h)(8), Signs is hereby amended to read as follows: (8) Outdoor inventory sellers. Section 9-2.547(b)(4), Special Activity Permits is hereby amended to read as follows: (4) Car dealers desiring to use tents, pennants, banner signs, window decals, inflatable corporate logos, light -pole banners, ground flags, bounce houses and similar attraction devices to temporarily promote sales are subject to the following: (A) A maximum period of up to ninety (90) days plus the month of March annually may be approved under a special event permit application issued by the Director. (B) The annual period during which car dealers may use tents by Special Activity Permit shall be on a calendar year basis. (C) Design standards: (i) No signs or other structures may be affixed to the tent. (ii) Tents shall be situated within auto inventory and/or display areas and shall not displace any required guest/customer parking. (iii) Use of tents shall be subject to Orange County Fire Authority (OCFA) review and approval. (iv) Banners signs shall not exceed a maximum area of 100 square feet and shall not be affixed on the building above the eaves. (v) Window decals/signage shall not exceed 50% of the window area. (vi) Inflatable corporate logos shale not exceed a maximum dimension, either height, width or depth, of fifteen (15) feet subject to. Director approval; and, not exceed a maximum dimension of twenty-five (25) feet subject to Planning Commission approval. (vii) Light -pole banners shall not exceed an area of twenty-four (24) square feet and ground flags shall not exceed a maximum area of fifteen (15) square feet. 2 8/7/2012 7� (viii) Bounce houses and similar attraction devices shall be situated within auto inventory and/or display areas and shall not displace any u required guest/customer parking. Section 9-2.547(c)(1)(A), Special Activity Permits is hereby amended to read as follows: (A) The special activity permits shall be issued for not more than thirty-two (32) days during any twelve (12) month period with the exception of automobile dealerships for which special activity permits shall be issued for not more than ninety (90) days plus the month of March. Section 9-2.543(g)(5), Special Activity Permits is hereby repealed to eliminate reference to "promotional tents by car dealers" which are regulated in their entirety by subsection (b)(4). SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. 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 as 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 ANDIADOPTED this 7t" day of August 2012. 8/7/2012 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. 996 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 17" day of July, 2012 and thatthereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 7th day of August, 2012, by the following vote, to wit: L MEMBERS: Freese, Reeve, Allevato, and Mayor pro tem Taylor L�AEMBERS: None L MEMBERS: Mayor Kramer STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as 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 23ftl day of July 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, AMENDING TITLE 9, SECTIONS 9-2.343, SIGN PERMITS, 9-3.543, SIGNS, AND 9-3.547, SP�CIAL ACTIVITY PERMIT (SAP) WITH RESPECT TO AUTOMOBILF�ALF�SHIP SIGNAGE (CODE AMENDMENT 12-003) / /l / / This document was posted in the Office of t e C ty k MARIA IS. CITY CLER San Juan Capistrano, 8/7/2012 7 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 9th day of August 2012, 1 caused to be posted a certified copy of Ordinance No. 996, adopted by the City Council on August 7, 2012, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, SECTIONS 9-2.343, SIGN PERMITS, 9-3.543, SIGNS, AND 9-3.547, SPECIAL ACTIVITY PERMIT (SAP) WITH RESPECT TO AUTOMOBILE DEA RSHIP SIGNAGE (CODE AMENDMENT 12-003) 1 _ This document was posted in the Office of the MA IA" RRIS, CITY(C San Juan Capistrano, Ga 5 8/7/2012