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HomeMy WebLinkAboutNS-1722***SUPERCEDED BY ORD. NS-1915 dated 6/15/87'** ORDINANCE NO. NS- 1722 REL:adg 1/31/84 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XII TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE AND REPEALING SECTIONS 41-619.55 AND 41-619.56 THEREOF, TO REVISE THE REGULATIONS PERTAINING TO OFF-PREMISE COMMERCIAL ADVERTISING SIGNS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 41 of the Santa Ana Municipal Code is hereby amended by adding an Article thereto, to be nunnbered XII, consisting of sections 41-1100 through 41-1131, which said Article -reads as follows: ARTICLE XII OFF-PREMISE COMMERCIAL ADVERTISING SIGNS Division 1. GENERAL PROVISIONS Sec. 41-1100. Findings The City Council finds and determines as follows: (1) ,Excessive commercial advertising signage within the city creates an unsightly appearance and has a blighting influence which is detrimental to the economic base of,the city and to property values within the city. (2) Excessive 'distracting signage increases the hazards to motorists and pedestrians on the public right-of-way. (3) Commercial signs which identify or advertise goods, services or businesses which are sold or provided on the premises on which the sign is located serve a public purpose in assisting the public to locate desired goods, services or businesses and are a necessary incidental use of business property, whereas off- premise commercial advertising is a business in itself which does not serve that public interest. Therefore, off-premise commercial ORDINANCE NO. NS- 1722 PAGE TWO advertising signs may be legitimately and reasonably subjected to different and more restrictive regulations than on-premise commercial advertising signs. (4) Billboards are installed and maintained primarily for the purpose of carrying commercial advertisements and may be legitimately and reasonably regulated as off-premise commercial advertising signs unless devoted exclusively to carrying non- commercial advertisements. (5) Commercial advertising signs are not compatible with areas devoted primarily to residential uses. (6) The City has adopted a general plan, five re- development plans, and statements of goals and objectives which demonstrate a serious and comprehensive effort to promote the economic development of its commercial and industrial areas. A major part of this effort is concerned with the removal, limitation~ or mitigation of those factors which contribute to an unattractive environment in the commercial and industrial areas, one of which is the presence of off-premise commercial advertising signs. Areas having special importance to the economic development of the city can be generally identified by reference to the general plan and the redevelopment plans. Sec. 41-1101. Purposes The purposes of this Article are as follows: (1) To preserve and improve the appearance of the city as a place to live, work, trade, do business and visit; protect the city from the blighting influence of excessive off-premise commercial advertising signage; and thereby preserve and enhance the economic base of the city and safeguard property values within the city. (2) To restrict off-premise commercial advertising signs so as to avoid increasing the hazards to motorists and pedestrians caused by excessive distracting signage. (3) To precisely identify areas where the installation of additional off-premise commercial advertising signs should be prohibited due to the importance of such areas to the environmental and economic development goals and objectives of the city. (4) To promote the relocation of existing off-premise commercial advertising signs to sites having less adverse effect on the city's goals and objectives, in accordance with Section 5412 of the Business and Professions Code of the State of California. ORDINANCE NO. Ns-l?22 PAGE THREE (5) TO preclude off-premise commercial advertising signs in the residential areas of the city. Sec. 41-1102. Establishment of "Critical Development Areas" and "Improvement Areas" There are hereby established within the city certain areas designated and delineated as "Critical Development Areas" or as "Improvement Areas" on that certain map adopted by ordin- ance of the city council and incorporated herein by reference. The boundaries of the areas thus established may be altered only by ordinance of the city council after the proposed alter- ation has been submitted to the planning commi,ssion for review and recommendation. The "Critical Development Areas" shall be designated and delineated as those areas of the City deemed to have para- mount importance to the future economic growth and stability of the city. The "Improvement Areas" shall be designated and delineated as those areas which are characterized by a heavy concentration of off-premise commercial advertising signs and which have a secondary importance to the future economic growth and stability of the city. Sec. 41-1103. Definitions As used in this Article, the following words shall have the following respective meanings: (a) "Outdoor advertising sign" means a sign, display, or device affixed to the ground or attached to or painted or posted on to any part of a building or similar permanent structure used for the display of an advertisement to the general public when viewed from outside of a building or similar enclosed area. (b) "Commercial advertisement" means any advertise- ment 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. (c) "Noncommercial advertisement" means any advertise- ment other than a commercial advertisement. ORDINANCE NO. NS- 1722 PAGE FOUR (d) "On-premise advertisement" 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. (e) "Off-premise advertisement" means any commercial advertisement other than an on-premise advertisement. (f) "Off-premise commercial advertising sign" means any outdoor advertising sign which is not used exclusively for on-premise advertisements and/or noncommercial advertisements. (g) "Construct," when used with reference to a sign, means to install, erect or place on the ground or on a building or structure or to affix, paint, or post on or to a building or structure. (h) "Relocate," when used with reference to a sign, means to move a sign from one location to another or to remove a sign from one location and construct a similar sign at another location. Sec. 41-1105. Application to Existing Signs. Any off-premise commercial advertising sign which was constructed in conformance with the requirements of this Chapter 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 Chapter, and may be maintained subject to the restric- tions 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 in- corporated herein by this reference. Sec. 41-1106. Fees The City Council may, by resolution, establish fees for any or all of the administrative processes established by this Article. ORDINANCE NO. NS-1722 PAGE FIVE DIVISION 2. PROHIBITIONS Sec. 41-1110. Permit Requirement No off-premise commercial advertising sign shall be constructed, relocated or maintained without a permit for such sign issued in accordance with Division 3 of this Article. Sec. 41-1111. Exclusion from Residential Areas No off-premise commercial advertising sign shall be constructed in or relocated into any of the following use dis- tricts, including any of the following use districts combined with a PD, PRD, SD, or other suffix designation: A1 (General Agricultural) RE (Residential Estate) R1 (Single-Family Residence) R2 (Multiple-Family Residence) R3 (Medium-Density Multiple-Family Residence) R3H (High-Density Multiple-Family Residence) R4 (Suburban Apartment) P (Professional) CD (Civic Development) Sec. 41-1112. Exclusion from Critical Development Areas and Improvement Areas Except as provided in Section 41-1130, no off-premise commercial advertising sign shall be constructed, relocated or maintained in any Critical Development Area or in any Improve- ment Area. ORDINANCE NO. NS-1722 PAGE SIX Sec. 41-1113. Other Location Restrictions No off-premise commercial advertising sign shall be constructed, relocated or maintained: (a) Within seven hundred fifty (750) feet of a freeway right-of-way; or (b) Within five hundred (500) feet of a previously constructed off-premise commercial advertising sign located on the same or opposite side of the same street. Sec. 41-1114. Size Restrictions No off-premise commercial advertising sign shall be constructed, relocated or maintained unless it complies with the following restrictions: (a) The sign shall not exceed thirty-five (35 feet in height. (b) The sign face, including all extensions, shall not exceed eight hundred (800) square feet in area. Sec. 41-1115. Visual and Maintenance Standards No off-premise commercial advertising sign shall be constructed, relocated or maintained unless it complies with the following requirements: (a) The sign structure shall be architecturally treated so as to screen the frame, poles, support structures and lighting from public view. The color and materials of this architectural treatment shall be in conformance with the architectural plan approved pursuant to Division 3 of this Article. (b) The sign shall be continuously maintained in an attractive, clean, and safe condition. ORDINANCE NO. NS-1722 PAGE SEVEN DIVISION 3. PERMIT PROCEDURES Sec. 41-1120. Applications Applications for permits for off-premise commercial advertising signs shall be filed with the zoning administrator, on such forms as may be provided by him, and shall contain or be accompanied by the following information: (1) A pictorial representation of the proposed sign, disclosing overall dimensions. (2) A plan of the site on which the proposed sign is to be located, disclosing the location of the sign in relation to other improvements on the site. (3) A description of treatment of the sign structure, and materials. the proposed architectural disclosing proposed colors (4) Such other information as the zoning admin- istrator deems appropriate to determine compliance with the provisions of this Article. Sec. 41-1121. Determination by Zoning Administrator The zoning administrator shall review each applica- tion for a permit filed under Section 41-1120 and shall make a decision thereon within 21 calendar days after filing, except that such time limit shall be extended as necessary to allow for the consideration of a relocation agreement pursuant to Division 4 of this Article whenever a request for such an agreement has been made by the applicant. If the proposed sign complies with this Article and all other requirements of the law, and if the colors and materials of the architec- tural treatment required by section 41-1115 are reasonably attractive and suitable for the purpose of providing the re- quired screening, the permit shall be issued based upon application~as submitted. If the proposed sign can be brought into such compliance by modifications in the proposal, the permit shall be issued subject to co'nditions requiring such, modifications. Otherwise, the application shall be denied. ORDINANCE NO. NS-1722 PAGE EIGHT Sec. 41-1122. Review by the Planning Commission If the applicant is aggrieved by any determination of the zoning administrator with respect to the architectural treatment required for the sign, he may request review of that issue by the planning commission. In such event, the applicant shall be afforded a reasonable opportunity to be heard on that issue by the planning commission. A report of the decision of the planning commission shall be prepared by the zoning admin- istrator and forwarded to the city council. If the city council desires to review the decision of the planning commission it may, after first giving the anmlicant a reasonable opportunity to be heard, itself make the final de~ision of the issue~ Otherwise, the decision of the planning cOmmission shall be final. DIVISION 4. RELOCATION AGREEMENTS Sec. 41-1130. Relocation Agreements Generally -An off-premise commercial advertising sign may be relocated within or into an Improvement Area provided an agree- ment for such relocation between the sign owner and the city is approved by the City Council, The City Council ~ay approve such a relocation agreement if ~he sign will, upon ~ts relocation comply with the requirements of this Article, and if, in the opinion of the City Council, the relocation will, on balance, promote the purposes of this Article. The relocation agreement shall contain such terms and conditions pertaining to the re- location and future maintenance of the sign as are consistent with this Article and mutually agreeable to the parties thereto. The sign owner shall be given an opportunity to address the City Council prior to any action being taken by the City Council on the relocation agreement. Sec. 41-1131. Requests for Consideration of Relocation Agreements. The owner of any off-premise commercial advertising may request an agreement for the relocation of the sign by sub- mitting such request to the~zoning administrator. ~he zoning administrator, as a condition to responding to the request, may require such information from the sign owner as is reasonably ORDINANCE NO. NS-1722 PAGE NINE necessary to determine whether the sign will or can be made to conform to the requirements of this Article at the location to which it is proposed to be relocated. If the zoning admin- istrator determines such compliance is not possible, he shall so notify the sign owner and need not take any further action on the request. If the zoning administrator determines such compliance is possible, he shall cooperate with the sign owner in the preparation of a mutually agreeable draft relocation agreement. In the event of disagreement between the sign owner and the zoning administrator concerning the proposed terms and conditions of the relocation agreement, the sign owner shall be entitled to have his own draft of the proposed relocation agree- ment submitted to the City Council for its consideration. Sec. 41-1131. Review by the Planning Commission Prior to submission of a proposed relocation agreement to the City Council, it shall be submitted to the planning com- mission for review and recommendations. The sign owner shall be given a reasonable opportunity to address the planning com- mission prior to any action being taken by the planning commis- sion on the relocation agreement. ORDINANCE NO. PAGE TEN NS- 1722 SECTION 2: That sections 41-619.55 and 41-619.56 of the Santa Ana Municipal Code are hereby repealed. SECTION 3: That that certain map designating the Critical Development Areas and Improvement Areas of the City of Santa Ana, as reviewed by the City Council concurrently with its consideration of this Ordinance, is hereby approved and adopted. SECTION 4: 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 or 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, sen- tence, 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 un- constitutional. SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner~affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating ORDINANCE NO. NS- 1722 PAGE ELEVEN to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordin- ance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ATTEST: ~.'anice C. Guy Clerk of the Council~ COUNCILMEMBERS: Luxembourger ~ Acosta Bricken Aye Griset ~ Johnson Aye McGuigan ~Ae3_~__ Young ~__ t6th day of April , 1984. R.'W. ~v~embourger(,F Mayor CRITICAL DEVEL*'~O~PMENT AREAS IMPROVEMENT AREAS llilll I Ill*