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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: 1 01003 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 2 01003 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 OUNCIļæ½MEMBERS: None MEMBERS: Allevato RRIS, CITY CLARK 3 01003 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 4 01003