HomeMy WebLinkAboutNS-3023 - Repealing and Reenacting in its Entirety Article XII of Chapter 41 of Santa Ana Municipal Code Pertaining to Off-Premise Commercial Advertising Signs and Development Project Plan Approvals to Allow and Regulate New Digital Billboards...ORDINANCE NO. NS-3023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XII OF CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE PERTAINING TO OFF -PREMISE
COMMERCIAL ADVERTISING SIGNS AND
DEVELOPMENT PROJECT PLAN APPROVALS TO
ALLOW AND REGULATE NEW DIGITAL BILLBOARDS
SUBJECT TO CERTAIN LOCATION, DESIGN, AND
OPERATIONAL REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and, declares as follows:
A. On April 16, 1984, the City Council adopted Ordinance No. NS-1722, adding
Article XII to Chapter 41 of the Santa Ana Municipal Code (SAMC) allowing
and regulating off -premise commercial advertising signs, commonly known as
billboards.
B. On June 15, 1987, the City Council adopted Ordinance No. NS-1915,
adopting a revised "Critical Development Areas" and 'Improvement Areas"
map to further allow and regulate off -premise commercial advertising signs in
certain segments of the City.
C. On September 8, 1987, the City Council adopted Ordinance No. NS-1927,
further amending certain sections of Article XII of the Santa Ana Municipal
Code.
D. Since the adoption of Ordinance Nos. NS-1722, NS-1915, and NS-1927,
amendments to the California Outdoor Advertising Act and other regulations
and policies of the California Department of Transportation (Caltrans), as well
as changes in technology allowing digital displays on billboards, have
rendered many segments of Article XII of Chapter 41 of the SAMC outdated
and obsolete. This status effectively prohibits construction or reconstruction of
new or existing billboards, as well as installation of electronic message
displays. Since their adoption, these ordinances have also effectively
rendered existing billboards in Santa Ana as legal nonconforming.
E. The California Outdoor Advertising Act, set forth in California Business and
Professions Code Section 5200 et seq., generally provides that compensation
must be paid to billboard owners for the removal, abatement, or limitation of
Ordinance No. NS-3023
Page 1 of 15
the customary maintenance, use, or repair of certain lawfully erected
nonconforming billboards, except through a relocation agreement.
F. Business and Professions Code Section 5412 specifically empowers a city to
enter into relocation agreements on whatever terms are agreeable to an
outdoor advertising display owner and such city as a means of eliminating the
need to pay compensation for their removal.
G. Construction of new billboards is prohibited along highways designated as
landscaped freeways with certain exceptions, including the construction of
relocated billboards pursuant to Business and Professions Code Sections
5440 through 5443.5 or the construction of new billboards along portions of
landscaped freeways that have been declassified.
H. Business and Professions Code Section 5412 further empowers a city to
adopt ordinances or resolutions providing for the relocation of billboards.
I. Technology has also allowed for the modernization of advertising medium by
way of the creation of digital or electronic messaging, which have been
utilized by advertising companies throughout the nation.
J. The City recognizes that billboards are a valuable advertising tool, but without
proper design, placement, and maintenance, they may unduly distract, create
traffic hazards and negative visual, lighting, and glare impacts.
K. Permitting the construction of new billboards along portions of the City that
are not adjacent to landscaped freeways and the relocation or reconstruction
of existing billboards to more appropriate locations within the City with
upgraded technology provides a greater opportunity for businesses to
advertise to larger audiences, promote economic growth in the City and the
region, and provide for additional public service announcements.
L. Allowing the removal of existing billboards also allows the City to direct the
placement of new billboards with digital technologies into areas that are more
aesthetically appropriate, thereby creating fewer visual and glare impacts for
the City's residents.
M. Adoption of this Ordinance is compatible with the SAMC and promotes the
public health, safety, and welfare of the citizens of the City.
N. The Planning Commission held a duly -noticed public hearing on April 25,
2022 to consider this Ordinance, where all interested persons were given an
opportunity to be heard. The Planning Commission recommended approval
of the ordinance to the City Council, subject to modifications to Section 41-
1113 of this Ordinance and the draft Operating Agreement template to
provide for minimum local hiring requirements when considering billboard
reduction alternatives as per Section 1 of the draft Operating Agreement.
Ordinance No. NS-3023
Page 2 of 15
O. The City Council held a duly -noticed public hearing on June 21, 2022 where
all interested persons were given an opportunity to be heard.
Section 2. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 3. Article XII (Off -Premise Commercial Advertising Signs) of Chapter
41 of the Santa Ana Municipal Code (Zoning) is hereby repealed in its entirety.
Section 4. Article XII (Off -Premise Commercial Advertising Signs) of Chapter
41 of the Santa Ana Municipal Code (Zoning) is hereby reenacted in its entirety to read
as follows:
ARTICLE XII. — OFF -PREMISE COMMERCIAL ADVERTISING SIGNS (BILLBOARDS)
DIVISION 1. - GENERAL PROVISIONS
Sec. 41-1100. - Purpose.
The purpose and intent of this Article is to allow:
(1) The installation of digital billboards adjacent to freeways in suitable locations;
(2) The reconstruction or conversion of existing static freeway -oriented billboards
to digital billboards; and
(3) The reconstruction or conversion of existing on -premise freeway -oriented
advertising signs to digital billboards.
Sec. 41-1100.5. - Goals.
These provisions seek to achieve the following goals:
(1) The removal of existing billboards along arterial streets;
(2) The construction of new freeway -oriented digital billboards in exchange for
specific economic and community benefits as described in this Article;
(3) The reconstruction/conversion of freeway -oriented existing static billboards in
exchange for specific economic and community benefits as described in this
Article;
(4) The reconstruction or conversion of existing on -premise freeway -oriented digital
signs to off -premise commercial advertising signs;
(5) The display of public service announcements; and
(6) The generation of revenue for City to fund ongoing services and community
needs.
Sec. 41-1101. - Definitions.
As used in this Article, the following words, terms or phrases have the following
meanings:
Ordinance No. NS-3023
Page 3 of 15
(1) Adjacent (when used to refer to a billboard adjacent to a freeway) shall mean
located within 300 feet of the edge of pavement of a freeway on a parcel having
frontage on said freeway and as depicted on maps by the Planning Division.
(2) Arterial Billboard means an off -premise commercial advertising sign located
adjacent to a public street that is not freeway oriented.
(3) Billboard and Off -Premise Commercial Advertising Sign means a sign affixed to
the ground as a permanent structure used for the display of off -premise
advertising to the public.
(4) Billboard Operating Agreement means an agreement entered into by and
between the City and the billboard operator which will specify terms for fees to
compensate for impacts on City aesthetics and services, including an Economic
and Community Benefits Plan, if proposed.
(5) Classified Landscaped Freeway, when referenced in this Article, refers to a
designation applied by the California Department of Transportation (Caltrans) to
certain freeway segments which meet the criteria established by the California
Code of Regulations Outdoor Advertising Regulations, Title 4, Division 6, and as
amended.
(6) Commercial Advertisement means any advertisement which has, as its primary
purpose, the promotion of the sale of goods or services by a commercial
business or enterprise to the public generally or any significant part thereof.
(7) Digital Billboard means a billboard or off -premise commercial advertising sign
using technologies, such as LCD (Liquid Crystal Display) and LED (Light -
Emitting Diode), to display images and text.
(8) Freeway Corridor means land located within three hundred (300) feet of the edge
of freeway pavement and having frontage on the following freeways: the Santa
Ana (1-5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa
(SR-55) Freeway.
(9) Freeway -Oriented means any billboard that is adjacent to a freeway, designed to
be viewed primarily by persons traveling on the main -traveled way of the
freeway.
(10) Freeway -Oriented On -Premise Digital Sign (Existing) means an electronic, digital
message display that has been approved by the City of Santa Ana as part of a
regional planned sign program pursuant to Section 41-885 of the Santa Ana
Municipal Code.
(11) Non -Commercial Advertisement Sign means any advertisement other than a
commercial advertisement, including public service announcements.
(12) Off -Premise Advertisement Sign means any commercial advertisement other
than an on -premise advertisement sign that advertises products or services that
is not located, produced, or offered for sale on the subject premise.
(13) On -Premise Advertisement Sign means any commercial advertisement which
pertains solely to goods or services which are produced or offered for sale on the
premises where the advertisement is displayed.
Ordinance No. NS-3023
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(14) Static Billboard means a billboard or off -premise commercial advertising sign
that is not equipped as a digital display.
Sec. 41-1102. - Consistency with the Outdoor Advertising Act.
To the extent that there is any conflict between the provisions of this Article and
the provisions of the California Outdoor Advertising Act, codified at California Business
and Professions Code Sections 5200 et seq., and as amended, the Outdoor Advertising
Act shall prevail.
Sec. 41-1103. -Application to Existing Signs.
Any off -premise commercial advertising sign which was constructed in
conformance with the requirements of this Article as they existed at the time of such
construction, but which is not in conformance with the requirements of this Article,
shall be deemed a legal nonconforming use for purposes of this Article, and may be
maintained subject to the restrictions and limitations imposed on nonconforming uses
by this Chapter. Such signs may be compelled to be removed through amortization
subject to the requirements and limitations imposed by Sections 5412 through 5412.4
of the Business and Professions Code of the State of California, the provisions of
which, as they may from time to time be amended, are incorporated herein by this
reference.
Sec. 41-1104. - Fees.
The City Council may, by resolution, establish fees for any or all the
administrative processes established by this Article. Every application for a billboard
permit or Conditional Use Permit (CUP) or appeal to the Planning Commission or City
Council shall be accompanied by a filing fee. No application shall be accepted for filing
without the required fee. The City Council shall from time to time by resolution adopt a
schedule of fees to be charged.
Sec. 41-1105. - Commercial and Non-commercial Messages.
Nothing in this Article shall be deemed to prohibit or restrict the use of any sign
authorized by this Article for any noncommercial message. No permit required for any
sign under this Article shall be granted, conditioned, or denied based on the content of
the message displayed by such sign, whether such message is commercial or
noncommercial in nature.
DIVISION 2. -ADMINISTRATION AND PERMIT PROCEDURES
Sec. 41-1110. — Permit Type and Review Authority.
Table 41-1110 below identifies the primary types of development applications,
approval process and approval authority for the applications required to permit digital
Ordinance No. NS-3023
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billboards. Applications may be subject to one or more development application
processing procedures contained in this Chapter. The exact processing and timing of
applications shall be determined by the Planning Division based on the applicable
project characteristics.
Table 41-1110 Permit Type and Review Authority
Fermi " 2
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Development Project
Director of PBA
Plan
New Digital Billboard
Yes
Conditional Use
Planning
Permit
Commission
Operating Agreement
City Manager
Conversion/Reconstruction
Development Project
Director of PBA
of Existing Freeway -Oriented
Plans
No
Static Billboard
Operating Agreement
City Manager
Development Project
Director of PBA
Plan
Conversion/Reconstruction
Conditional Use
Planning
of Existing Freeway -Oriented
Yes
On -Premise Digital Sign
Permit
Commission
Operating Agreement
City Manager
Development Project
Director of PBA
Plan
Relocation of Existing and
Conditional Use
Planning
Approved Static or Digital
Yes
Billboards t'>
Permit
Commission
Operating Agreement
City Manager
Notes:
1. As approved by this Ordinance and if required and permitted by the California Outdoor Advertising Act, as
amended from time to time.
Appeals from decisions of the Director of the Planning and Building Agency and/or
Planning Commission, extensions, time limits, and modifications to such digital billboard
approval must be conducted in a manner in accordance with Article V, Division 1 of this
Chapter.
Ordinance No. NS-3023
Page 6 of 15
Sec. 41-1111. -Application Requirements.
Every application for the construction a new digital billboard,
conversion/reconstruction of an existing freeway -oriented static billboard, or
conversion/reconstruction of an existing freeway oriented on -premise advertising sign
to a digital billboard shall be filed by, or with the written consent of, the property owner
on forms required by the Planning Division and shall be at a minimum accompanied by
the following information:
(a) A pictorial representation of, and other information about, the proposed digital
billboard, disclosing overall dimensions, dimensions of letters and figures, colors,
materials, copy, and illumination characteristics.
(b) A plan of the site on which the proposed digital billboard is to be located,
indicating the precise location of the billboard, existing and proposed
landscaping, other site improvements, and proximity to the edge of pavement of
an adjacent freeway.
(c) A vicinity map depicting the location of all existing and proposed billboards, any
landmarks as designated on the General Plan that are within one thousand
(1,000) feet of the proposed digital billboard, and the zoning designation of all
sites within five hundred (500) feet of the boundaries of the subject property.
(d) Photo simulations of all proposed digital billboards showing daytime and
nighttime conditions.
(e) A three-dimensional (3D) massing study depicting the proposed digital
billboard. The 3D study should include massing of proposed development, if
any, on applicant's parcel as well as existing buildings and advertising signs
within one thousand (1,000) feet of the proposed digital billboard.
(f) If the application involves the exchange of existing billboards, a map depicting
the location(s) of billboards to be removed; at least two photos of each billboard
to be removed; and a summary of the size of each billboard face to be removed.
(g) Such other information as the Executive Director of the Planning and Building
Agency deems appropriate to determine compliance with the provisions of this
Article.
Sec. 41-1112. - Digital Billboard Conditional Use Permit Findings of Approval.
For approval of a Conditional Use Permit for a Digital Billboard, the Planning
Commission shall make the following findings of fact set forth in this Section and not
upon the standards set forth in Section 41-638 of this Chapter, and may impose
conditions, restrictions or limitations as the commission deems necessary to meet the
general purpose and intent of this Article and to ensure that the public health, safety
and welfare are being maintained. Findings of Approval shall be made, and conditions
may be imposed to confirm that:
(a) The proposed digital billboard shall not constitute a hazard to the safe and
efficient operation of vehicles upon a freeway.
Ordinance No. NS-3023
Page 7 of 15
(b) Adequate space exists between the proposed digital billboard and any existing
billboards in the vicinity, thus avoiding or minimizing any negative aesthetic
impacts to surrounding land uses.
(c) The size and design of the digital billboard will not be out of context with its visual
environment.
(d) The digital billboard will not cause light and glare to intrude upon residential uses,
including those in mixed -use districts or developments.
(e) The digital billboard will not significantly block or impair views of landmarks
identified in the City's General Plan.
(f) The installation of the new digital billboard will result in significant economic and
community benefits.
Sec. 41-1113. - Operating Agreement Required; Execution Fee Required.
Prior to issuance of any building permits to reconstruct an existing static
billboard, or prior to the public hearing notice to consider construction of a new digital
billboard or conversion/reconstruction of an existing freeway oriented on -premise sign to
a digital billboard, the applicant shall submit to the City Manager an executed Billboard
Operating Agreement that has been reviewed and approved by the City Attorney and
the Executive Director of the Planning and Building Agency. The applicant shall be
responsible for paying any fees that have been established by the City Council to
process and execute the Billboard Operating Agreement. In approving such agreement,
the City Manager must find that the agreement will confer a substantial public benefit to
the City and to the general public. Such public benefits may include, without limitation:
the removal of legal nonconforming billboards; minimum display percentages or times
for the advertising of City events and public service announcements; public art
programming; physical site improvements; automatic brightness reductions or automatic
display shutoffs due to proximity to sensitive land uses; minimum advertising of goods,
products, or services provided onsite; monetary contribution intended for streetscape
amenities or publicly accessible open space that enhances the quality and comfort of
the pedestrian experience; minimum 20-percent local hiring from Santa Ana residents to
be considered for billboard removal alternatives through the Economic and Community
Benefits Plan; and/or financial contributions to the City with the intent to achieve the
same results.
DIVISION 3. — DEVELOPMENT, LIGHTING AND OPERATIONAL STANDARDS
Sec. 41-1130. - Permitted Locations.
New and reconstructed billboards, and the conversion of existing freeway
oriented on -premise advertisement signs to a digital billboard:
(a) Shall only be constructed on properties zoned and used for non-residential
uses in any zoning district, including overlay zones, specific plans, and
Ordinance No. NS-3023
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specific development zones. Such requirement may be modified by the
Planning Commission through the approval of a Conditional Use Permit.
(b) Shall be located within the Freeway Corridor as defined in Section 41-1101.
(c) Shall not be located within five hundred (500) feet from any residentially zoned
parcel, as measured from the border of the digital billboard face, or the base of
the digital billboard structure, to the nearest property line of the residentially
zoned property. Such requirement may be modified to be no less than one -
hundred fifty (150) feet for mixed -use districts by the Planning Commission
through the approval of a Conditional Use Permit
(d) Shall be located outside any right-of-way owned by the California Department
of Transportation (Caltrans).
(e) Shall not significantly block or significantly impair views of any landmark
identified in the General Plan.
(f) To preserve views of the Santa Ana Water Tower, no billboard shall be
constructed on any property adjacent to the northbound and southbound travel
lanes of the Santa Ana (1-5) Freeway between Main Street and Grand Avenue.
Sec. 41-1131. - Development Standards.
(a) All digital billboards shall comply with standards established by the California
Department of Transportation (Caltrans) in effect at the time the permit is issued.
These standards may prohibit the construction of digital billboards in landscaped
areas and/or in zones where residential uses are permitted; may limit the size
and height of digital billboards; and may require separation between billboards,
among other provisions.
(b) All new or reconstructed billboards shall be digital billboards. The construction
or reconstruction of static billboards is prohibited.
(c) The development standards in Table 41-1131 shall be applicable to all new and
reconstructed billboards.
Table 41-1131 Digital Billboard Development Standards
Maximum Sign Area/Face
As allowed by Caltrans
Maximum Number of Faces
Two (2)
Maximum Height
60 feet0)
Spacing Between Billboards
1,000 feet (2)
Number of Vertical Supports
One Vertical Support (3)
Notes:
1. Measured from nearest adjacent curb level on the site on which the sign is constructed.
Ordinance No. NS-3023
Page 9 of 15
May be modified through Planning Commission approval of a Conditional Use Permit.
2. The minimum separation between billboards shall be one -thousand (1,000) feet (including
static billboards) or standards established by Caltrans in effect at the time the permit is
issued, whichever is greater, as measured from the base of each billboard's vertical
support.
3. All conduits, cables and appurtenances shall be concealed within the vertical support.
Sec. 41-1132. - Design Standards.
(a) The words "Santa Ana" shall permanently appear on the billboard structure in a
size large enough to be visible to drivers using the freeway. The precise location,
size and font of the words shall be determined by the approval authority.
(b) All ground -mounted equipment shall be screened from view at street level. The
entire site occupied by the billboard shall be appropriately landscaped with
groundcover and shrubs to the satisfaction of the approval authority.
(c) Each freeway billboard must be oriented primarily for viewing from the freeway
and shall be oriented, and adequately shielded if necessary, to prevent the
trespass of light and glare upon any residential land use, including those in
mixed -use districts, as exists on the date of building permit issuance.
(d) The billboard shall utilize an innovative billboard format, shall creatively use the
latest in technology to ensure digital image quality, and shall use innovative
architectural features and materials.
(e) All billboards shall plainly display, and be visible from no less than fifty (50) feet,
the name of the person or company owning or maintaining such billboard,
contact information for said person or company, and the billboard's identification
number.
(f) Billboards projecting over a driveway or drive aisle shall have a minimum
clearance of 20 feet between the lowest point of the sign and the driveway grade.
(g) No part of any billboard shall cross onto an adjacent property.
(h) Billboards projecting over a pedestrian walkway shall have a minimum clearance
of twelve (12) feet between the lowest point of the sign and the walkway grade.
(i) All billboards not projecting over drive areas or pedestrian walkways shall have a
minimum clearance of twelve (12) feet between the lowest point of the billboard
and ground level.
Sec. 41-1133. - Lighting and Display Requirements
(a) Signs shall produce a maximum 0.3 foot-candles over ambient light levels.
(b) The display brightness shall be controlled by a photocell or light sensor that
adjusts the brightness to the required level based on ambient light conditions
without the need for human input. Use of other brightness adjustment methods,
such as timer- or calendar -based systems, shall only be used as a backup
system.
Ordinance No. NS-3023
Page 10 of 15
(c) The display shall be factory -certified as capable of complying with the above
brightness standards. Such certification shall be provided to the satisfaction of
the Executive Director of the Planning and Building Agency, or his/her designee.
(d) The sign owner shall provide to the City, upon request, certification by or
compensation for an independent contractor to verify that the brightness levels of
the digital billboard are in compliance with the requirements of this Section.
(e) All signs shall be equipped with a control system that, in the event of a display or
control malfunction, "freezes" the display on either a single, unchanging
message, or a blank screen. An emergency shutoff switch shall be provided.
(f) Any sign area not comprising the digital display panel is prohibited. This area
includes, but is not limited to, static sign area, appendages, cutout letters, and
figures. A frame surrounding the display panel up to twelve (12) inches in width
shall be permitted; it shall not contain any sign copy or graphics, and shall not
count toward the sign area.
(g) Where screen transitions are used, such transitions shall not give the
appearance of moving text or images. The sign copy shall not use flashing,
intermittent or moving lights or produce the optical illusion of movement or use
animation.
(h) Each sign copy shall be displayed for a minimum of four (4) seconds. The still
images may not move or present the appearance of motion and may not use
flashing, scintillating, blinking, or traveling lights or any other means not providing
constant illumination. Transition or blank screen time between one still image and
the next may not exceed one (1) second.
(i) All digital billboards must comply with all applicable laws and regulations
concerning brightness, including, without limitation, California Vehicle Code
Section 21466.5, and as amended.
Q) All digital billboards must provide sufficient time for public service
announcements as set forth in the approved Operating Agreement. Such public
service announcements may not be concentrated during non -peak hours and
must be evenly dispersed throughout peak hours so as to maximize their benefit
for the community and passer-by traffic.
Sec. 41-1134. - Prohibited Features.
Freeway oriented billboards shall not contain any of the following features:
(a) Moving parts.
(b) Appendages, cutout letters, or figures that protrude beyond the flat surface of the
sign face.
(c) Lights that flash, shimmer, glitter or give the appearance of flashing, shimmering
or glittering. Exceptions to this restriction include time, temperature and smog
index units.
(d) Walls or screens at the base of the sign which create a hazard to public safety or
provide an attractive nuisance.
Ordinance No. NS-3023
Page 11 of 15
(e) Copy which simulates any traffic sign in a manner which confuses the public.
(f) Copy which duplicates any other content displayed on the sign.
(g) Devices which emit audible sound, or odor or particulate matter.
Sec. 41-1135. - Maintenance and Monitoring
(a) No person shall allow any digital billboard located on property owned, occupied
or controlled by such person to remain in a condition of disrepair for a period of
more than fifteen (15) days. For purposes of this article, a billboard shall be
deemed to be in a condition of disrepair if it is in need of replacement of
defective or missing parts, has a broken or damaged sign face, or is in need of
repainting or cleaning in order to be brought into a reasonably slightly and
legible condition.
(b) All billboard operators shall submit a Lighting Monitoring Report to the Planning
Division upon installation, and at three-year intervals thereafter to confirm
conformance with the lighting requirements set forth in this Article.
(c) Complaints about lighting will be investigated by the City, and if determined
necessary by the Executive Director of the Planning and Building Agency, the
billboard operator shall provide an updated Lighting Monitoring Report within 72
hours of the notice from the City. The City shall reserve the right to conduct
digital billboard lighting measurements. If the measured luminance and/or
illuminance exceed the data presented in operator's Lighting Monitoring Report,
the findings of the City report shall prevail. All cost shall be borne by the
applicant/operator.
DIVISION 4. - BILLBOARD EXCHANGE PROGRAM.
Sec. 41-1140. -Applicability.
No building permit shall be issued for any new digital billboard,
conversion/reconstruction of an existing freeway oriented static billboard, or
conversion/reconstruction of an existing on -premise advertising sign to a digital
billboard, until the removal ratios as required by the Operating Agreement pursuant to
Section 41-1113 of this Article have been met by applicant. In addition, the following
standards are shall apply:
(a) Nonconforming billboards with more than one face shall be removed in their
entirety and shall not be altered or partially dismantled in such a way as to leave
behind one or more faces or portion(s) thereof.
(b) No billboard shall be reduced in size or otherwise altered to provide for the
required removal, and only whole, entire billboard(s) shall be removed. In no
case shall less than the required amount of display surface area be removed.
(c) Any billboard removed or demolished from within the City, or reduced in size, not
in conjunction with a project requiring removal under this Article, shall not be
credited toward the removal requirements of Section.
(d) Billboards shall be removed with the following priority, in order of highest priority
to lowest:
Ordinance No. NS-3023
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(1) Nonconforming billboards located on properties used for residential
purposes or zoned for residential use.
(2) Nonconforming billboards not located adjacent to a street classified as a
Freeway, Principal, Major Arterial, Primary Arterial and Secondary Arterial
as defined by the Santa Ana Circulation Element, with the exception of
those billboards located in Downtown Santa Ana.
(3) All other nonconforming billboards.
(e) The City may allow the applicant to post a bond guaranteeing removal of the
existing billboards prior to issuing permits for the applicable digital billboard in the
freeway corridor.
Sec. 41-1141. - Overriding Economic and Community Benefit Considerations for
Billboard Removal Exchange Ratio Reduction.
The billboard removal ratio as required pursuant to Section 41-1113 of this Article
may be reduced subject to demonstration of overriding economic and community
benefits as proposed in an Economic and Community Benefits Plan attached to and
incorporated in a Billboard Operating Agreement as specified in Section 41-1113 of this
chapter, subject to the satisfaction of the City Manager.
Section 5. Section 41-668 of Division 3 of Article V of Chapter 41 of the Santa
Ana Municipal Code is hereby amended to read as follows:
Sec. 41-668. - Definitions.
(a) Development project. As used in this division, the term "development project'
includes any of the following projects:
(1) The new construction of any building or buildings, and additions to any existing
building or buildings, if new floor space of two thousand five hundred (2,500) square
feet or more is constructed or added; but excluding the following:
a. Single family homes;
b. Room additions to duplexes;
c. Tenant improvements not involving a change of use;
d. Facade improvements;
e. Equipment covers or structures to cover equipment.
(2) Tenant improvements involving an intensification or change in occupancy
classification.
(3) Any project that requires a discretionary approval, excluding conditional use
permits for operation of eating establishments between the hours of 12:00 a.m. and
5:00 a.m. and conditional use permits for the sale of alcoholic beverages.
Ordinance No. NS-3023
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(4) Construction of new digital billboards conversion of an existing static billboard
within to a digital billboard conversion/reconstruction of existing on -premise digital
signs and relocation of billboards.
(b) Discretionary approval. As used in this division, the term "discretionary approval'
means a conditional use permit, variance, minor exception, tentative map approval,
change in use district designation, or similar entitlement for development, the granting of
which involves the exercise of discretion, other than the plan approval process set forth
in this division.
Section 6. Pursuant to the California Environmental Quality Act, the City
Council has concurrently and separately reviewed, certified, and adopted the Final Initial
Study/Mitigated Negative Declaration and the related Mitigation Monitoring and
Reporting Program for this projectlordinance. On the basis of this review, the City
Council found that there is no substantial evidence from which it can be fairly argued
that the project will have a significant adverse effect on the environment.
Section 7. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 8. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 9. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this 19th day of July, 2022.
6�A(A 14A
Vicente S'armie o
Mayor
Ordinance No. NS-3023
Page 14 of 15
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By. u
Joe M. Funk
Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers Hernandez, Lopez Mendoza Penaloza
Phan, Bacerra, Sarmiento (7)
Councilmembers None (0)
Councilmembers None (0)
Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-3023 to be the original ordinance adopted by the
City Council of the City of Santa Ana on July 19, 2022 and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date: �ldblAd, 'A— j&• 0 �
Daisy Gomez
Clerk of the Council
City of Santa Ana
Ordinance No. NS-3023
Page 15 of 15