Ordinance Number 1003ORDINANCE NO. 1003
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING A 10 -MONTH AND 15 -DAY
EXTENSION OF INTERIM FLEXIBLE SIGN ORDINANCE PROVISIONS 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 that the City adopt
Interim Flexible Sign Ordinance Provisions to protect and assist local businesses in
promoting economic activity in the City during the construction of the 1-5 / Ortega
Highway Interchange Project projected to be completed by June 2015; and,
Whereas, under the current Title 9, Land Use Code Sign Ordinance
provisions, temporary signs include banners, portable signs, A -frame signs, sandwich
boards, ground -mounted signs, and window signs and the Code establishes specific
provisions restricting the size, location, height, and fabrication material of all signs; and,
Whereas, the City Council determines that the construction of the 1-5 /
Ortega Interchange Project may result in temporary congestion and traffic delays
thereby reducing the attractiveness of the City's commercial districts as commercial
destinations and thus, result in economic impacts on businesses within the City limits;
and,
Whereas, business identification and advertising exposure through a
Interim Flexible Sign Ordinance will be critical to businesses during the planned two-
year construction of the I-5/Ortega Highway Interchange project; and
Whereas, the City Council finds that granting flexible temporary sign
standards including size, number, location, and time limits are reasonable and
necessary to protect businesses and will be beneficial for the public and the economic
viability of the San Juan Capistrano community.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano
hereby ordains as follows:
SECTION 1. Interim Flexible Sign Ordinance Standards. This interim
ordinance shall apply to all businesses City-wide. These temporary signs shall require
landlord approval in those cases where the business operated under a lease. This
ordinance sets forth the following standards:
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Banners: Each business shall be permitted:
(a) a maximum of two banners;
(b) a maximum banner size of 48 square feet;
(c) installed only on a building fagade or fence
(d) each banner may be displayed for a maximum of 90 days with a
maximum of three time periods of up to 30 days each (e.g. three 30
day periods; two 45 -day periods; a 45 -day & 30 -day & 15 -day period).
(e) Banners shall be exempt from permits and fees but shall be subject to
the size, height, location, and length of display -time regulations
established herein. Banners shall be designed consistent with the
Economic Preservation Committee -established template with respect
to color, font, size configuration and border text.
Portable Signs (i.e. A -Frame, sandwich board, ground -mounted,
etc.): All businesses shall conform to the following standards:
(a) a maximum 4'-6" height;
(b) a maximum of five square feet in area;
(c) may only be located more than 50 feet from the main entrance of
businesses subject to administrative approval by the Development Services Director or
his designee.
Temporary Window Signs: Such signs shall not exceed 50% of the total
window area.
Any Permanent Signs are not included within the scope of this interim ordinance and
shall remain subject to the provisions set forth in Municipal Code, Section 9-3.543,
Signs and/or the applicable Planning Commission -approved Sign Program(s).
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 during 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 until April 15, 2014,
after which it shall automatically expire unless extended by the City Council pursuant to
Government Code Section 65858. 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.
SECTION 4. 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
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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 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
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 15th day of May, 2013.
r
ATTEST:'
MARIA-MOFtRI$, CITY CLERK
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. 1003 that was
adopted and passed at the Ajourned Regular Meeting of the City Council on the 15th
day of May 2013, by the following vote, to wit:
RYOUNCIL MEMBERS: Byrnes, Kramer, Reeve and Mayor Taylor
ZNO%40UNCIL
OUNCI�MEMBERS: None
MEMBERS: Allevato
RRIS, CITY CLARK
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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 17th day of May 2013, 1 caused to be posted a certified copy of Ordinance No.
1002, adopted by the City Council on May 15, 2013, entitled:
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING A 10 -MONTH AND 15 -DAY
EXTENSION OF INTERIM FLEXIBLE SIGN ORDINANCE PROVISIONS TO
ASSIST BUSINESSES CITY-WIDE DUR)W CO STRUCTION OF THE
1-5 / ORTEGA HIGHWAY INTERCHANGE PRdJ&,T
This document was posted in the Office of the
MARIA IIS,CITY CLRK
San Juan tr o, Calif nia
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