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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 U 1 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 2 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) 3 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. 4 PASSED, APPROVED, AND ADOPTED this 17I" day of June 2014. r i � AM L VA 0, MAYOR ATTEST: MARIA S 5 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 7